Fig. F.1: Barnet’s use of the provisions of the Fraud Act.

Fraud Act provision

Barnet's progress

Sections 1 and 2

These give LAs access to information from other government departments via DSS, for example Inland Revenue, Customs and Excise and the Home Office.

This power only applied from August 1999.

Section 3

This gives LAs access to DSS/BA databases and allows the information to be shared between LAs.

Barnet had a DSS RAT installed in 1998.

Section 11

This enables LAs to require landlords and agents to provide information.

There is no evidence that Barnet is using this power.

Section 12

This provides for the appointment of Inspectors with powers to enter business premises of landlords and access business records.

Barnet appointed 2 inspectors in 1998, but one appointment has since expired. Barnet told us that it has made occasional use of this power, but has kept no records. We therefore have no evidence of this.

Section 13

This introduces 2 new offences of dishonest/false representation for obtaining benefit and failing to report changes of circumstance.

Barnet has not made use of these new offences.

Section 15

This introduces Administrative Penalties as an alternative to prosecution.

Barnet has not developed procedures to apply Administrative Penalties. Furthermore, Barnet has only recently developed a draft prosecution policy.

Section 16

This allows for overpayments of HB paid to a third party on behalf of a claimant to be recovered from future payments of prescribed benefits, and allows for recovery of HB/CTB overpayments through County Courts.

Although Barnet recovers overpayments from future benefit payments to landlords, it does so only with the agreement of the landlord. Barnet does not currently invoke these powers.

Section 19

This requires all claimants to state a NINO as a condition of entitlement to benefit.

This power came into force in September 1999. Barnet’s new claim form asks for claimant’s and partner’s NINOs.

Section 20

This introduced the Do Not Redirect HB and CTB mail scheme and gave authorities access to information held by Royal Mail concerning re-directions.

Barnet has been using Do Not Redirect envelopes since March 1999. Unfortunately no records are kept of returns.