Will I still get benefits if I get prosecuted for benefit fraud?

It’s common for benefit to be suspended during a fraud investigation, although the decision to suspend can only be made by someone from the relevant benefits office, and not the fraud investigator. Your benefits could be partly or wholly suspended.

If you have no other income during the investigation, you may be able to claim a hardship payment. To get this, you would need to show that without the payment you, your partner, or child/children would have to go without essential items such as food, heating or medicine.

If the benefit agency tells you that it has suspended your benefit, it should also tell you what information it needs in order to work out whether or not you’re entitled to benefits and to decide whether to start paying them again. If you’re claiming more than one benefit, the benefit authority can’t automatically suspend all of your benefits – they can only suspend a benefit if there’s a question about your entitlement.

You may also be able to help resolve the questions that have led to the investigation. If it is shown that you’re properly entitled to benefit after all, payments will be reinstated and arrears paid. If after the investigation is concluded, it is decided that you are not entitled to benefit, you have the right of appeal.

If you need more help and advice about this, contact your local Citizens Advice Bureau (CAB).