Legal issues
Why PACE applies
PACE Code C applies to anyone charged with the duty of investigating offences, not only police officers (PACE section 67(9)).
Common offences
- Dishonestly failing to report a change of circumstances (Social Security Administration Act 1992, section 111A).
- Making a false statement to obtain benefit (section 112).
- Fraud by false representation or by failing to disclose information (Fraud Act 2006, sections 2 and 3).
Outcomes
The investigation can end with no action, an overpayment to repay, an administrative penalty offered as an alternative to prosecution in some cases, or prosecution. Repaying an overpayment does not by itself stop a prosecution.
Recovery powers
Under the Public Authorities (Fraud, Error and Recovery) Act 2025, the DWP can now recover overpayments directly from bank accounts without a court order, and can ask a court to disqualify persistent debtors from driving.
Evidence that matters
Investigators often hold bank records, employer information, tenancy and council tax records, and surveillance. Ask for disclosure before the interview.
Reasonable lines of enquiry
Before the interview
- Gather what you reported and when, including letters, calls and online journal entries.
- Identify any mistake or misunderstanding about what had to be reported.
- Note health or other circumstances that affected your claim.
What happens next
After the interview, the papers may be passed to the CPS or the council's lawyers to decide whether to prosecute. A separate decision is made about any overpayment.
Immediate steps
- Do not ignore the letter, and do not attend alone.
- Contact a solicitor with the letter and your claim history.
- Do not contact witnesses or alter documents.
What should you send us?
Send the invitation letter, the interview date, and any benefit decision or overpayment letters.