Terms & Conditions

[Anonymous]

Brief scenario: Customer submits a false statement in support of his HB claim disguising the true nature of the relationship with his landlady. As it happens he would have been entitled anyway, had the true facts been known, and there is no overpayment. Has he committed an offence?

[Anonymous]

On the face of it I would say yes, either 111A(1) or 112(1) withholds on claim form information and/or supplies fake or altered documents. In my view the fact that there is no overpayment does not alter the offence committed – having said that looking at the secenario you describe and that point that they are entitled anyway then I would not take this for a sanction, but in the past I have sanctioned without o/p.

Regards

Andrew

[Anonymous]

Although would generally look at SSAA offences, where it could be argued that there is, I would suggest that the Fraud Act provides a better lead on this. Here there has to be a gain to the cl’t or loss (or risk of loss) to the LA, but in your case, although the statement may have been false or misleading, the fact is there is no gain or loss. There may have been a risk of a loss, but I would suggest that if this was put to the ultimate test in court, not much success would be gained.

[Bob_Wagstaff]

Not sure I agree with your interpretation of the Fraud Act ANP. The offence of false misrepresentation requires that the fraudster makes a false representation and [b:0ee03f4357][i:0ee03f4357]intends[/i:0ee03f4357][/b:0ee03f4357] by that misreprentation to make a gain.

[Anonymous]

Bob – as the original q was re. there being no OP, my point was about there being a gain, loss or risk of loss and that the Fraud Act provides a good lead on this, whereas SSAA doesn’t. Without knowing the full ins & outs of the case, we can’t really be clear on the intent.

[Tracey]

I had an interesting discussion with an auditor re this subject some time ago. The auditor in question was also a former fraud officer. The outcome of the discussion was that it is the person’s intent which is the test as to whether a fraud has been committed or not.

[Author]

Posts