Welfare benefit fraud is a criminal law matter.  A welfare benefit overpayment is a Social Security law matter.

When a claimant is pursued for benefit fraud there will usually be a corresponding welfare benefit overpayment for a past period, therefore, there will be two separate matters (criminal and social security).

A Criminal Court does not have the jurisdiction to decide whether a benefit overpayment is recoverable.

Only a Social Security Appeal Tribunal can do this.

If a welfare benefit overpayment can be successfully challenged, and the  overpayment is not recoverable, the fraud issue will no longer exist.  This is why any benefit challenge MUST be concluded before the fraud issue is decided.

There are strict deadlines in which to challenge a welfare benefit overpayment.

Richardson Laine will work in partnership with criminal law specialists towards the best outcome for their client.

We are able to provide:

• Welfare Benefit assessment to establish the merits of a benefit overpayment challenge.

• Casework services to challenge an overpayment decision via Mandatory Reconsideration or Appeal.

• Calculation of underlying entitlement that the claimant would have had where a benefit overpayment does exist.