Housing Benefit/Council Tax Benefit

Anti-Fraud Strategy

Introduction 

Shrewsbury and Atcham Borough Council's Anti-Fraud Policy represents a commitment by the Council to implement a robust anti-fraud strategy in order to protect public funds and to ensure that benefits are delivered to those who have a true entitlement to them.

This strategy outlines the mechanisms whereby the Council will deliver the above commitment to its citizens.

Resources

The Council will be responsible for the administration and payment of Housing and Council Tax Benefit. Benefit Investigation staff have a duty to  prevent, detect and, where appropriate, prosecute those who perpetrate benefit fraud.

The Chief Executive will designate Investigation Officers with the power of entry and inspection under Section 110 of the Social Security Administration Act 1992. The Chief Executive will ensure that the appointed Investigation Officers are right and proper persons and issue them with certificates of appointment.

Any abuse of these powers will result in the officer being dismissed from the employment of the Council.

Verification of Housing Benefit/Council Tax Benefit Claims

The information on the application form will be verified, as far as is practicable, by Housing Benefit/Council Tax Benefit Officers. All supporting documentation will be copied and held on file. Obtaining evidence will be done in compliance with the Data Protection Act 1984.

The Council will maintain a visiting regime to confirm residency and cross-reference the information on the application form and subsequent reviews of the claim.

Data Protection Registration

The Council will maintain its registration for purpose 058 under the Data Protection Act 1984.

Fraudulent Actions by Landlords

Whilst the Council recognises that the majority of the Landlords in the district are honest and fair, it also recognises that a few Landlords do defraud, or attempt to defraud, the Housing Benefit system. Therefore, the Council will expect Investigation Officers to use their powers under the Housing Benefit (Supply of Information from Landlords) Regulations 1997 to obtain information from Landlords. These powers will be used reasonably and in compliance with the regulations. Landlords will be expected to comply with requests for information or they will be fined. The Council's Investigators will work with other local authorities to ensure that, wherever possible, Landlords do not have to supply information more than once.

Data Matching Exercises

The Council is part of the Department of Work and Pensions' Housing Benefit Matching Service, which crosschecks the authenticity of benefit claims, against other local authorities and Agencies. The Council will also consider a data matching exercises against its own databases. This will include databases holding information concerning Council employees and Council Members. Recognised trade unions will be consulted prior to data matching concerning Council staff or members.

At all times, the Council will observe the advice and guidance of the Data Protection Registrar in the area of Data Matching.

Working in Partnership

The Council is keen to undertake specific fraud drives by working with:-

• the Police;
• the Department of Work and Pensions;
• Her Majesty's Revenue and Customs;
• other Councils;
• other Council Departments;

Whilst the Council is committed to the exchange of information with other organisations, either on a case basis or through the mechanism of data-matching, the Council will observe the law on Data Protection and the rules of confidentiality at all times.

Specific Targeted Fraud Campaigns

The Council will undertake specific fraud campaigns, as resources allow. These will be done either in partnership with other organisations or alone. All campaigns will be designed with due regard to the requirements of the Council's Equal Opportunity Policy.

The Use of Case Management Systems

The Council's Investigation team will use a computerised Fraud System. This will assist officers by aiding the proper management, monitoring and recording of relevant claims.

Police and Criminal Evidence Act Codes of Conduct

In undertaking an investigation, the Council will observe the Police and Criminal Evidence Act Codes of Conduct. In other words, the claimant will be advised of their rights and evidence will be obtained and secured in accordance with the Act. The Codes of Conduct will also be observed when taking statements.

Training

The Council will expect its investigators to be fully trained and to maintain this training. Wherever possible, it is desirable for investigators to hold suitable qualifications.