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DWP to get powers of arrest, search and seizure

(104 Posts)
DaisyAnne Sat 04-Jun-22 09:38:03

The DWP is to get the power to arrest claimants, search premises and seize evidence as well as being able to fine claimants where they do not have enough evidence to bring a criminal case for fraud, the government has announced.

The new measures, many of which will not be possible to introduce without an Act of Parliament, are aimed primarily at cutting fraud in Universal credit (UC).

In total, the DWP are to spend £200 million a year on the new initiative, which will see 1,400 more staff in frontline counter-fraud teams plus a new 2,000 strong team solely for checking universal credit claims.

The sweeping new powers will mean that designated DWP staff will be able to arrest claimants, search premises and seize any evidence they find without needing to use the police. The DWP say this will put them on a par with HMRC and the Gangmasters and Labour Abuse Authority (GLAA).

There will also be new powers for the DWP to force other organisations, especially banks, to provide data about claimants on a much wider scale than is currently legally allowed.

At the moment the DWP can only require organisations to give them information about named individuals where there is already a suspicion of fraud. The DWP want much broader powers to access information.

They say that a “small test” has been run with a bank to assess the potential of using a feed of banking data to identify possible fraud and error, “with very encouraging results”.

The DWP will be able to impose civil penalties on claimants based on a percentage of any overpayment, where the DWP does not have enough evidence to prosecute. This will be in addition to having to repay the whole amount of the benefit the DWP consider to have been fraudulently obtained.

The DWP already have the power to impose civil penalties, but they have to have evidence sufficient to meet the standard for criminal prosecution before they can do so. Under the new proposals, a lower level of evidence would be needed in order for the department to impose a penalty.

The DWP will also be able to impose penalties on organisations which the it considers are “promoting benefit fraud schemes online, creators and sellers of fraud toolkits on social media or someone supplying fake ID.”

This article is from the Benefits and Work site.

Baggs Sat 04-Jun-22 09:45:11

Thank you for this information, DaisyAnne. At the moment my reaction is simply Gosh! Now planning tocheck out the gov website that you link specifies.

DaisyAnne Sat 04-Jun-22 09:49:12

Below are the main points (as described by the government) from their report on fraud and error for 2020 to 2021. The "errors" include those made by the DWP:

3.9% of total benefit expenditure was overpaid due to fraud and error
The estimated value of overpayments was £8.4 billion
1.2% of total benefit expenditure (or £2.5 billion) was underpaid due to fraud and error
The net government loss, after recoveries, was £7.6 billion, or 3.6% of benefit expenditure
This year’s estimates have been affected by the coronavirus (COVID-19) pandemic – see the full report for details.

NB: The state pension is the largest single item of welfare spending, making up 41 per cent of the total in 2020-21 (down from 43 per cent in 2019-20).

DaisyAnne Sat 04-Jun-22 09:52:04

That's about the same reaction as I had Baggs. Any further information is going to help form an opinion.

I added the second post so we can see the relative amounts we are talking about.

WharfedaleGran Sat 04-Jun-22 09:59:01

Hmm, will it be applied retrospectively? I d love to see the government held to account for all the fraud they enabled when distributing the billions of pounds of financial “aid” during the pandemic…

FarNorth Sat 04-Jun-22 10:00:56

That is very frightening, especially given the scale of incompetence that already exists in the DWP.

Germanshepherdsmum Sat 04-Jun-22 10:04:11

In principle I’m in favour of the DWP having the same powers as HMRC.

DaisyAnne Sat 04-Jun-22 10:05:05

Which are GSM?

Baggs Sat 04-Jun-22 10:08:03

I think they are mentioned (well, alluded to) in para 4 of the OP, da.

timetogo2016 Sat 04-Jun-22 10:08:27

My thoughts exactly FarNorth.
A friend of my Dil had a visit from them as someone told them she had a man living with her whilst claiming to be single.
They went through the house with a fine tooth combe,found nothing then just left,no apologies,nothing.
It made her quite poorly.

Whitewavemark2 Sat 04-Jun-22 10:09:56

Germanshepherdsmum

In principle I’m in favour of the DWP having the same powers as HMRC.

HMRC use their powers very sparingly though.

GagaJo Sat 04-Jun-22 10:12:51

Sounds like the criminalisation of being unemployed to me. A bit like the fines given to the homeless for trying to sleep in public.

Granny23 Sat 04-Jun-22 10:14:48

Excellent news for those whose money is invested overseas.

Terrifying for those who are reliant on benefits to survive.

e.g. My friends, who made a claim for supplementary pension, were awarded it and over a year later told that it was a mistake by the DWP and they would need to repay it all in full. So, a large drop in income and a huge debt to be repaid, through no fault of their own.

GagaJo Sat 04-Jun-22 10:15:41

I'll apologise now. I can feel rants coming on.

Decimate industry. Allow zero hours contract. Change the benefit system to one that leaves people hungry and unable to meet bills. Bleed the tax payer dry through embezzlement of taxes. And then allow the persecution of the unemployed/under employed.

Surely it would be better to spend the money ON the poor instead of hounding them?

GagaJo Sat 04-Jun-22 10:16:12

*contracts

DaisyAnne Sat 04-Jun-22 10:20:30

The Government has not issued a timetable for this apparently. (Source: Daily Mirror) It needs an Act of Parliament - but it’s thought this would only be introduced from May 2023 at the earliest. Just before an intended GE in 2024 perhaps?

I would like to see some actual fraud figures. Those we get always include the DWP and client errors, not just fraud. We need to see those errors separately for both for the DWP and their clients. This could simply indicate that the system isn't working. Better to spend money on simplifying and automating that than dashing for the red meat, I would have thought.

DaisyAnne Sat 04-Jun-22 10:24:15

Granny23

Excellent news for those whose money is invested overseas.

Terrifying for those who are reliant on benefits to survive.

e.g. My friends, who made a claim for supplementary pension, were awarded it and over a year later told that it was a mistake by the DWP and they would need to repay it all in full. So, a large drop in income and a huge debt to be repaid, through no fault of their own.

That amount will have been shown under "fraud and errors" Granny23. I don't see how we can get a clear view of any issues when they do that.

Esspee Sat 04-Jun-22 10:24:24

Being poor is no excuse for theft from.the taxpayer.

DaisyAnne Sat 04-Jun-22 10:26:23

Who has suggested it is Esspee?

DaisyAnne Sat 04-Jun-22 10:28:50

Mind you I do think there are some in government who should be serving prison sentances for increasing the level of poverty we are expected to survive on if it gets to that point, and for increasing the numbers suffering from it.

DaisyAnne Sat 04-Jun-22 10:30:51

sentences!

Germanshepherdsmum Sat 04-Jun-22 10:32:20

I know of one person who receives benefits but has a very considerable amount of inherited money held in cash (well in excess of the benefits threshold and not declared for IHT) and two bank accounts - one to produce when required and one kept secret. If you met the person you’d never suspect it.

GagaJo Sat 04-Jun-22 10:32:38

Esspee

Being poor is no excuse for theft from.the taxpayer.

Oh but being rich clearly is, given the examples of our government. They nick far more than the poor too. All safely stashed off shore.

GagaJo Sat 04-Jun-22 10:34:32

Germanshepherdsmum

I know of one person who receives benefits but has a very considerable amount of inherited money held in cash (well in excess of the benefits threshold and not declared for IHT) and two bank accounts - one to produce when required and one kept secret. If you met the person you’d never suspect it.

Have you reported them? Surely you should?

Germanshepherdsmum Sat 04-Jun-22 10:36:29

I was told about this in confidence and won’t be reporting it.