We are benefit fraud defence solicitors who protect individuals accused of benefit offences across England and Wales. From DWP investigations and Universal Credit fraud to housing benefit overpayment allegations, our experienced criminal defence lawyers act quickly, free at the police station, and are available 24 hours a day, 7 days a week.
Benefit fraud defence solicitors represent people accused of claiming money, payments or entitlements they are not entitled to, or of failing to report a change in circumstances. In the last five years we as a firm have defended clients who faced DWP investigations, Universal Credit fraud charges, and allegations of housing benefit and council tax reduction overpayments.
The offence is commonly charged under section 1 of the Fraud Act 2006 or the previous regime under the Social Security Administration Act 1992, which still applies to older benefit allegations. The key distinction our defence lawyers always explore is the difference between an honest mistake and a dishonest intention to obtain a benefit you were not owed.
| Offence | Law | Maximum Penalty |
|---|---|---|
| Benefit fraud by false representation | Fraud Act 2006 s.2 | Up to 10 years |
| Failing to disclose a change in circumstances | Fraud Act 2006 s.3 | Up to 10 years |
| Dishonest benefit claim (older cases) | SSAA 1992 s.111A | Up to 3 months (summary) |
| Conspiracy to defraud the DWP | Common law | Up to 10 years |
In our experience handling benefit fraud defence work, most prosecutions are investigated by the Department for Work and Pensions (DWP) Fraud Investigation Service, local authority investigators, or referred through the Single Fraud Investigation Service. Early involvement of a solicitor can often prevent a criminal charge being authorised at all.
Read about free legal aid for fraud chargesWhen you first learn that the DWP or a local authority is investigating your benefit claim, the immediate instinct can be to ignore it or to try to handle it alone. We strongly advise against both. The steps you take in the first 48 hours of a benefit fraud investigation can determine whether you are charged, cautioned, or cleared.
A benefit fraud investigation usually begins because of a tip-off, data matching through the Real Time Information system, a review of your claim, or information from your employer or landlord. The DWP Fraud Investigation Service will gather bank statements, wage records, tenancy details, and interview records before deciding whether to caution, prosecute, or take a penalty.
You should only attend a DWP interview under caution with a benefit fraud defence solicitor present. A interview under caution is a formal interview in which your answers can be used as evidence and a prosecution can follow. Our solicitors regularly advise clients who attend these interviews and often prevent a criminal charge by producing documentary evidence of genuine entitlement or honest mistake.
The most serious benefit fraud cases proceed to the Crown Court where the maximum sentence is up to 10 years. In practice, and drawing on our own case records, the majority of benefit fraud prosecutions are heard in the Magistrates Court where the maximum custodial sentence is 12 months. Sentences are strongly influenced by the amount overclaimed, the period involved, and whether you have previous convictions.
In many cases, yes. If there is no realistic prospect of conviction, our benefit fraud defence solicitors can persuade the DWP to close the case without charge. In lower value cases, the DWP may offer an administrative penalty instead of prosecution, or accept a formal caution. We negotiate directly with the DWP and Crown Prosecution Service to achieve the most favourable and least damaging outcome available.
In our work representing clients across the full range of benefit offences, we have learned that preparation, specialist knowledge of DWP procedures, and early intervention make the decisive difference. We bring genuine, first-hand experience to every benefit fraud defence case we take on.
Our defence solicitors focus specifically on benefit offence investigations, DWP interviews, and the sentencing guidelines that apply across England and Wales.
Benefit investigations do not follow office hours. A benefit fraud defence solicitor from our team is available at any time, including weekends, to advise and act urgently.
Our lawyers attend DWP interviews and represent at Magistrates and Crown Courts across England and Wales, wherever your case is heard.
Every matter begins with a free, confidential discussion so you understand your legal position, your options, and what our benefit fraud defence service will involve.
Woolfe and Co Solicitors is a regulated law firm acting for private and legal aid funded clients. Our team is led by experienced solicitors who are members of the Law Society, and we are recognised for our standards of client care and our commitment to honest, accurate advice.
Across our firm we have secured no further action in benefit investigations, successfully argued that clients held an honest belief in their entitlement, reduced charges to administrative penalties, and mitigated sentences for clients who had no choice but to plead guilty. Every case is different, but preparation and early advice are constant.
We answer the questions our benefit fraud defence clients ask us most. If your situation is not covered here, call our solicitors for free, confidential advice on 01582 380938 at any time.
Our criminal defence lawyers help with a wide range of fraud and financial offence investigations. Explore the pages below to understand how we can protect you at every stage of your case.
Specialist defence for all fraud allegations and investigations, from the first letter to court trial.
Explore fraud case defenceComprehensive coverage of every type of fraud offence and how our defence lawyers handle each one.
View all fraud offencesFind out whether you qualify for free representation in your benefit fraud or other fraud case.
Check legal aid eligibilityMoves about Section 2 Fraud Act 2006 allegations and the defence strategies our lawyers apply.
Learn about false representationA reference to all fraud and financial crime offences and their maximum penalties.
View offence guideIf your matter involves tax or HMRC Code of Practice investigations, our dedicated page explains the process.
Explore HMRC defenceIf you have received a DWP letter, been asked to attend an interview, or been told you are under investigation, do not wait. Every hour matters in a benefit fraud case. Call our defence solicitors now for free, confidential, and honest advice.
All consultations are confidential and without obligation.