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AdPen for HB and CTB/CTR fraud
Assume AdPen to be accepted as meeting the criteria so no discussion required on this: overpayment is of HB/CTB and CTR.. Overpayment period spanning 08/05/12 so that 30% x overpayment rule applies to the calculation of the AdPen for the entire HB, and the (shorter) CTB period. Does anyone know if there is a maximum Ad Pen amount for this ( I am aware of the maximums post that date where the 30% has increased to 50%)...I have found several references to £600 (our 30% is larger than this) in articles such as the Note to editors
https://www.gov.uk/government/news/benefit-fraudsters-warned-they-face-tougher-penalties
but can’t find this maximum figure in statute/legislation/ Regs.
In addition, we also have a CTR penalty because the “offence” ran on from the CTB into the CTR period. It would seem that there is no provision for the 30% run on, and that we are subject to the 50% x overpayment (The CTR Schemes ( Detection of Fraud and Enforcement ) (England Regs 2013 Reg 11. Has anyone else had this?
Responses gratefully received.
There was no minimum or maximum under the 30% rules as far as I can see. But I think DWP might have had a policy of prosecuting where the overpayment exceeded £2000 so in practice they would self-limit the offer of an ad pen to £600 max.
The CTR penalty only applies to actions in relation to CTR - so it depends whether the excess CTR was awarded as a result of a positive misrepresentation or a deliberate failure to disclose specifically in relation to CTR itself. I appreciate your client has made up their mind to accept the offer, but the chances of securing a conviction in relation to CTR only might be weakened if the Council just automatically carried over the CTB case without any input from the claimant.
Helpful. I note what you say re CTR but client is accepting Ad Pen(s) notwithstanding our substantial advice giving: she just wants an early end to the pressures, and now has the money to pay. I am therefore simply exploring whether we can get the amount reduced, hence my post.