Education could reduce accidental benefit fraud

Advocate Natasha Newell would welcome changes and believes more education over benefit fraud is needed

A Guernsey advocate says a better understanding of law could help reduce the number of people committing accidental benefit fraud.

It follows a proposal by the Committee for Employment and Social Security (ESS) that could lead to harsher punishments for people found guilty of benefit fraud.

At the moment the maximum sentence for someone found guilty is six months in prison but this could be increased to seven years.

Advocate Natasha Newell said it was possible to commit fraud by mistake, when genuine claims become fraudulent due to factors such as a misunderstanding of laws or a lack of knowledge when notifying about changes in situation.

Others knowingly make a false claim to the administrator of ESS in an attempt to be deceptive.

The proposals have been welcomed by lawyers with Ms Newell commending the "the ability to impose harsher sentences in the most egregious of cases".

She added: "I think it should be coupled with clear guidance.

"Not only to applicants, but to all those dealing with the applications to be mindful of those who would be particularly vulnerable to being caught by the failure to disclose provisions.

"These include people with learning disabilities, possibly undiagnosed, those with low IQ and people suffering from mental health issues which may mean they are not particularly proactive.

"There is a real need for education in this area."

Deputy Tina Bury is proposing changes to the law that would see the maximum sentence increased to seven years

ESS committee president Tina Bury said she wanted Guernsey to "catch up" with England and Jersey.

In 2023 there were 40 cases in the island where investigations of an alleged fraud resulted in the adjustment or closure of a claim to benefit.

During the year there was £95,763 that had been proven to have been overpaid to claimants and needed to be recovered.

In 2024 the number was of cases was 31 with over payments totalling £88,098.

Bury said the proposal was not simply in response to an increase in cases.

She said: "Its really in response to catching up - we're really quite behind.

"Our sentencing around these types of offences is really very low. It's to make sure benefit fraud is seen as seriously as other types of fraud."

Advice for islanders

There are steps that can be taken to ensure that you are not committing accidental benefit fraud.

Ali Marquis from Citizens Advice Guernsey said: "We are committed to helping islanders understand and access benefits fairly and lawfully.

"If your benefit's been stopped or you're asked to confirm some facts, it doesn't always mean you're being investigated for fraud.

"Often, it's just to check you're getting the right amount of money.

"You might get a letter or message asking you some questions or inviting you to a meeting."

Anyone who suspects benefit fraud or who has concerns about their situation is advised to speak to someone at ESS, or Citizens Advice Guernsey.