DWP Central Freedom of Information Team

e-mail:[DWP request email]

Our Ref: FoI 569

18^th August 2008

To: Paul Ingham

I am writing to confirm that I am now in a position to reply to your request for information which you requested on 17 June 2008

The response below provides the information you require in relation to your questions:

Could you please tell me how many people in the last 6 years have

been prosecuted for benefit fraud. Please could you break this down

into what percentage received custodial sentences, what percentage

received suspended sentences, and what percentage got community

sentences. Also the numbers of prosecuted that did not get a

successful prosecution.

Could you also state what percentage of successful convictions of

the money de-frauded was actually repaid by the offenders and if

this actually was deducted from the benefits that they were

actually in receipt of?

The table below provides the information available:

Notes:

The figures for 2007/2008 are not yet available.

The amount shown for `Recovered' includes all recoveries not just prosecution cases. This figure is not available.

Recovery information is only available from 2005.

Prosecution figures:

Following a report by the NAO in 2003 and in line with the wider criminal justice system the Department revised its criminal sanctions policy which meant that more low level fraud cases are offered cautions and administrative penalties as alternatives to prosecution.

The reduction in prosecutions and increase in cautions in 2006/7 reflects the impact of that policy change where a case involving an overpayment under £2,000 in which the person admitted guilt, resulted in a caution rather than prosecution.

The number of cases submitted for prosecution in 2006/7 therefore, excluded a significant number of low level fraud cases investigated by FIS which in previous years would have been prosecuted and resulted in guilty pleas in the Magistrates' courts. Instead these cases resulted in a caution.

Local Authority Figures:

The above data is from admin records provided to DWP by local authorities.

It is not broken down into the level of detail requested.

The level of HB/CTB overpayments recovered is high, but information is not available by type of overpayment or recovery method.

If you are not satisfied with my handling of your request please tell me why within two calendar months of the date of this letter. I will then arrange for someone to conduct an internal review of your request and my decision. The review will be conducted by another officer, usually of a more senior grade to myself. This person will have taken no part in my original decision. You will be advised of their decision in writing.

If you are still not content with the outcome of the internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. Please note that generally the Commissioner cannot make a decision unless you have first exhausted DWP's own complaints procedure. The Commissioner can be contacted at:

FoI Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF
Fax: 01625 545 510

email:[email address]

Yours sincerely,

DWP Central FoI Team