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Fraud: Social Security Benefits

Answer

The sentencing framework and sentencing guidelines apply equally to all offenders. Sentencing is entirely a matter for the courts, taking account of all the circumstances of each case. This will include the seriousness of the offence, including all aggravating and mitigating factors, and a guilty plea.

Fraud has a maximum penalty of 10 years’ imprisonment and there are various other offences which are specific to benefit fraud, with maximum penalties of up to seven years’ imprisonment. The courts must follow the relevant sentencing guideline in their approach to sentencing. Last year, the Sentencing Council conducted a public consultation on a new draft guideline for fraud and a new definitive guideline, informed by the responses received, will apply in due course.

In addition to criminal penalties, those convicted of benefit fraud also face a restriction on their benefits for an extended period.

The number of men and women sentenced at all courts for offences relating to benefit fraud in England and Wales from 2002 to 2012 (latest data available) can be viewed in the table.

Please note that court proceedings statistics for the year 2013 are planned to be published by the Ministry of Justice on 15 May 2014.

Males and Females sentenced at all courts for offences relating to benefit fraud1, England and Wales, 2002-122, 3, 4
Sex	Year	Sentenced	Immediate custody	Non custodial sentences5
Male	2002	3,919	141	3,778
	2003	3,995	115	3,880
	2004	4,285	148	4,137
	2005	4,387	168	4,219
	2006	3,928	169	3,759
	2007	4,065	111	3,954
	2008	3,572	172	3,400
	2009	2,855	179	2,676
	2010	2,624	106	2,518
	2011	2,556	163	2,393
	2012	3,341	135	3,206
Female	2002	3,910	59	3,851
	2003	3,958	71	3,887
	2004	3,904	82	3,822
	2005	4,107	131	3,976
	2006	4,240	103	4,137
	2007	4,452	89	4,363
	2008	4,231	90	4,141
	2009	3,544	121	3,423
	2010	3,263	102	3,161
	2011	3,014	123	2,891
	2012	3,847	115	3,732
"-" Nil 1 Includes the following offences: Social Security Administration Act 1992 added by Social Security Administration (Fraud) Act 1997-Dishonest representation for obtaining benefits Social Security Administration Act 1992-False representation. Contravention of regulations etc. Social Security Administration Act 1992 as amended by Social security Act 1998-Knowingly being concerned in fraudulent evasion of contributions Social Security Administration Act 1992-Illegal possession of documents relating to benefits etc. 2 The figures given in the table on court proceedings relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 3 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 4 Excludes those cases where the defendant's sex was 'not stated'. 5 Includes the following: absolute and conditional discharge, fine, community sentence, suspended sentence, otherwise dealt with. Source: Justice Statistics Analytical Services-Ministry of Justice.

Secondary information

Type

Written question

Reference

197800; 580 cc472-4W

Session

2013-14

Subjects

Fraud Social security benefits Sentencing

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk