Officials will also be able to directly take funds from people’s bank accounts
The Department for Work and Pensions (DWP) is set to be granted new powers that will enable their fraud investigators to forcibly enter benefit fraudsters’ homes and confiscate electronic devices.
MPs are currently looking at the details of the legislation, which will provide new powers is to clamp down on fraud and errors in DWP payments, as well as among other public bodies
Officials will get new powers for “entry, search and seizure” aimed at combating organised criminals taking advantage of the benefits system. The Government said in announcing the new measures: “DWP’s serious organised crime investigators are also expected to be handed powers to apply to a court for search warrants.
“It means that for the first time, they will be able to support Police and search premises and seize items such as computers and smartphones as evidence against fraudsters.” Discussing the new measures with MPs, Helena Wood from fraud prevention group Cifas, set out the need for the expanded powers.
She said they are particularly important given the limited resources that the police have to take on fraud cases. She told MPs: “Police simply do not have the resources to look at fraud against consumers, never mind to support DWP, so I think it is entirely necessary to extend those powers of search and seizure to DWP as well.”
However, she issued a warning about the need for a clear definition of who can enact these seizure powers: “We trust the police to use their coercive and intrusive powers based on their skills, experience and training. At the moment, there is a reasonably low bar set in the legislation, which is merely to be a higher executive officer or senior executive officer-a very entry-grade civil service officer.”
Labour said previously that the search and seizure powers would target “criminal gangs” defrauding the benefits system. Professor Mark Button, director of the Centre for Cybercrime and Economic Crime at the University of Portsmouth, also highlighted the significance of these new powers.
He commented: “You are obviously dealing with increasingly highly organised fraudsters that often operate across borders. That poses significant challenges, particularly for many public sector fraud agencies, particularly when the police themselves have very limited resources.”
“Fewer than 2,000 officers are dedicated to economic crime. They simply do not have the time to help public sector bodies deal with these things. When you look at those particular challenges, having professional capacity within government to investigate fraud with the appropriate powers is a sound basis for dealing with these problems.”
The bill also includes provisions to directly remove funds from individuals’ bank accounts if they have incorrectly received payments from the DWP or other public bodies. In these instances, officials are required to request at least three months of bank statements from the individual’s bank provider, to confirm they have the funds to pay up.
The DWP will not have direct access to people’s bank accounts in these cases. DWP investigators will also be able to require banks to hand over details of bank accounts they provide that are linked to benefits, to help detect if anyone is wrongly receiving funds. These checks will initially be used to check the details of those getting Universal Credit, Employment and Support Allowance, and Pension Credit, although the powers could be extended to target people on other benefits.
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