DWP arresting powers to stop benefit fraud - everything you need to know about the new proposals

The UK Government recently published ‘Fighting Fraud in the Welfare System’, which sets out the Department for Work and Pensions’ (DWP) plan to tackle the growing challenge posed by those seeking to exploit the public purse.

The publication sets out transformative plans to take strides in protecting the taxpayer from those who are intent on stealing from the benefits system.

From investing £613 million over the next three years to boost the Department’s specialist counter-fraud response, to pursuing a range of legislative reforms, the DWP intends to identify, investigate, and recover losses more effectively, saving the taxpayer billions - an estimated £4 billion of loss in in fraud and error over the next five years.

The new plan sets out how DWP officers will be given powers to undertake arrests, execute warrants, conduct searches and seize evidence - all increasing their ability to tackle the most serious cases.

Giving DWP investigating officers the power to make arrests and conduct search and seizures

The DWP currently has significantly fewer powers than other departments and public bodies tasked with investigating economic crime.

Unlike DWP, who have to rely heavily on police availability and prioritisation, HM Revenue and Customs (HMRC) and the Gangmasters and Labour Abuse Authority (GLAA) have powers that allow them to execute the power to arrest and conduct search and seizure regarding revenue offences or labour market abuses.

The proposed new powers will bring DWP into line with these two bodies.

The DWP plan states the new powers will: “Enable us to investigate and disrupt serious and organised fraud activity more decisively and quickly.”

The Department plans to create new powers so its officers will be able to undertake arrests and apply to search and seize evidence in criminal investigations, as this will “enable them to act in a timely fashion, without always having to rely on police resources”.

The DWP explained: “Investigators would be required to make the same decisions and comply with the requirements as the police currently do, ensuring that action taken is in accordance with the law.”

The DWP said the primary purpose of the powers would be targeted towards serious and organised offences and cases where its specialist and highly trained staff have a strong reasonable belief that an indictable offence has been committed.

“Therefore, arrest may be possible, and or search and seizure action, to obtain materials in a property which would add substantial value to the investigation,” it said.

The DWP added: “Ensuring proper regulation and oversight of these new powers is critical and we will continue to work with stakeholders to ascertain the right oversight arrangements.”

The DWP also plans to have better access to data held by third parties, in particular banks, which it said “would be hugely beneficial in identifying fraud and error in the welfare system” especially in detecting undeclared capital in claims - the second highest type of welfare fraud.

In Universal Credit alone, this type of fraud was estimated to be £0.9 billion in 2020-21.

The DWP said it would also help them to check if someone is fraudulently claiming benefits from abroad.

You can read the full plan on GOV.UK, here.

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