Fraud investigations

Richard Gordon made this Rhyddid Gwybodaeth request to Adran Gwaith a Phensiynau

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Sir or Madam,

Please would you be able to provide me with a copy of the procedure and guidance followed by the DWP fraud investigators where there is suspected fraud. The guidance I was looking for was in relation to benefit fraud investigations.

The kind of information I was looking for was, for example:

Over what period of time should a fraud investigator observe a couple where the DWP feel that they are living together for benefit purposes?

How frequently should the observations happen etc. etc.

The two questions above really were just a couple of example questions and weren't specific questions for my FOI request, they were two examples of the kind of content I was hoping for in the fraud investigators guidance should it exist.

Yours faithfully,

Richard Gordon

DWP Adelphi Freedom-of-Information-Request, Adran Gwaith a Phensiynau

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DWP Adelphi Freedom-of-Information-Request, Adran Gwaith a Phensiynau

6 Atodiad

Dear Mr Gordon

Please see attached response to your FoI request.

Kind regards

Central FoI Team

dangos adrannau a ddyfynnir

Gadawodd J Roberts anodiad ()

You may be interested in this:

In RS v Secretary of State for Work & Pensions (ESA) [2021] UKUT 112 (AAC) the appellant's interview under caution concerning an alleged overpayment is provided at paragraph 6:

https://assets.publishing.service.gov.uk...

The Judge identifies 'two particularly worrying shortcomings' regarding the interview (para. 7).

He is also critical of the DWP for its 'sub-optimal handling of the matter' (para. 1). He singles out the 'screen prints' provided by the DWP observing:

'They must show something relevant.Otherwise, why supply them to the tribunal?' (1c)

And:

'It is not for the First-tier Tribunal to try and decode the Rosetta Stone of DWP screen prints. The DWP’s obligationto supply all relevant documentary evidence necessarily incorporates an obligation to provide that evidence in an intelligible form.' (1c)

The judge rejected the Secretary of State's request to have the case remitted to the FTT:

'51. ...Upper Tribunal case management directions made it clear to the parties that they should prepare their cases for the final hearing on the basis that the Upper Tribunal might ultimately re-make the First-tier Tribunal’s decisions. The parties have had a fair opportunity to present their cases on the facts. I am also conscious of Mr S’s need for closure of this matter and I accept what he told me at the hearing of the worry and anxiety caused by having this matter ‘hanging over’ him.'

'61. I shall end by pointing out that the Secretary of State has a power, not a duty, to recover the remaining overpayment from Mr S. It is open to Mr S to argue to the DWP that, in the light of the way in which his case was handled, the overpayment should not be recovered or that a reduced amount should be recovered. However, Mr S should note that decisions about whether to recover an overpayment do not attract a right of appeal. The right of appeal concerns the question whether an overpayment is recoverable, and the amount of the recoverable overpayment, and those matters have now been dealt with by this decision.'

Gadawodd J Roberts anodiad ()

'Shedding light on the DWP Part 1 - We read the UK welfare agency’s 995-page guide on conducting surveillance and here are the scariest bits'

https://privacyinternational.org/long-re...