The new process for advances and identification introduced on the 18 September 2019 mean that the level of UC advances fraud will be mitigated. Where an individual is a victim of fraud and received no money personally, no claim will be made against them. However, it is often not possible to ascertain the facts without an Interview Under Caution. The powers for an Interview Under Caution are under the Social Security Administration Act 1992, Part VI, governs this process and has been followed by successive governments of different political persuasions.
DWP will ask, and allow the individual to have the opportunity to respond to any evidence in a voluntary Interview Under Caution.
DWP follows the guidance laid down in the Criminal Procedures and Investigations Act 1996 and the Police and Criminal Evidence Act (Code C 2014) to afford the claimant all appropriate protection in law.