HC Deb 09 March 1983 vol 38 cc417-8W
Mr. Alfred Morris

asked the Secretary of State for Social Services what correspondence his officials have had with the office of the Director of Public Prosecutions concerning social security frauds since May 1979.

Mr. Rossi

In June 1979 the Department received a letter from the office of the Director of Public Prosecutions which chiefly concerned the prosecution of social security frauds under the Theft Act 1968. The letter advised that only very exceptionally should such proceedings be instituted in preference to the Department's own legislation.

This advice constitutes an integral part of prosecution policy and is reflected in guidance to local offices.

Mr. Alfred Morris

asked the Secretary of State for Social Services what policy his Department has and what guidelines are issued to officials concerning the prosecution of social security frauds under the Theft Act 1968 rather than the Supplementary Benefits Act 1976.

Mr. Rossi

It is the Department's policy to bring proceedings under the Theft Act only where the fraud is of a serious, blatant or persistent nature or in respect of offences not covered in social security legislation. Detailed guidance has been issued to local offices which fully reflects that policy.

Mr. Alfred Morris

asked the Secretary of State for Social Services what effect the reorganisation of his Department's regions will have in the procedure for the prosecution of alleged social security fraud; and whether local offices of his Department will be able to authorise prosecutions for fraud.

Mr. Rossi

The preparation of cases for legal proceedings and the authority to prosecute for fraud, except where itinerant fraud is involved or proceedings under the Theft and Forgery Acts are contemplated, has been transferred from regional to local offices. In addition, associated legal work is being devolved from headquarters to regional offices.

prescribed percentage of earnings up to the upper earnings limit. In the respective contribution years, the limits and rates were as follows:

Mr. Alfred Morris

asked the Secretary of State for Social Services what was the number of occasions on which his powers to extend the time limit on summary proceedings beyond six months was used for social security fraud cases in each of the years 1973 to 1982 inclusive; and which grade of officer in his Department has the authority to issue such certificates.

Mr. Rossi

Summary proceedings in respect of social security fraud may be brought by the Departmentwithin the period of 12 months from the commission of the offence under section 26(3)(b) of the Supplementary Benefit Act 1976. For the period prior to 1981 records are not available of the number of occasions on which the Secretary of State for Social Services used his powers to extend that time limit; in 1981 and 1982 they were used on 922 and 504 occasions, respectively. Authority to issue the necessary certificates extends to officers in the grades of assistant secretary and above.

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