HC Deb 19 December 1994 vol 251 cc925-6W
Ms Harman

To ask the Secretary of State for Employment what are the measures available to the Employment Service in respect of people it suspects of fraud on unemployment benefit.

Miss Widdecombe

Employment Service inspectors have been vested with inspection powers since the Social Security Act 1975, section 144, and more recently under section 110 of the Social Security Administration Act 1992, which empowers them to examine employers' records at any reasonable time. In England and Wales, they must also operate within the guidelines of the Police and Criminal Evidence Act 1984. In Scotland, inspectors operate within common law and apply the rules of fairness.

Fraudulent benefit claimants may be prosecuted under the following legislation:

Social Security Administration Act 1992

  1. 112. (1) If a person for the purpose of obtaining any benefit or other payment under the legislation to which section 110 above applies1 926 whether for himself or some other person, or for any other purpose connected with that legislation:
    1. (a) makes a statement or representation which he knows to be false;
    2. (b) produces or furnishes, or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular, he shall be guilty of an offence.
  2. (2) A person found guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (maximum £5,000), or to imprisonment for a term not exceeding 3 months, or both.
    1. (a) the Social Security Act 1973;
    2. (b) the Contributions and Benefits Act;
    3. (c) this Act;
    4. (d) the Pensions Act;
    5. (e) Part 1 of the 1986 Act.

Theft Act 1968 A person who by any deception dishonestly obtains property–belonging to another with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to: Summary conviction–A fine not exceeding £5,000 and/or imprisonment not exceeding 6 months. Indictable conviction–A statutory limitless fine and/or imprisonment not exceeding 10 years.

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