Prosecuting Welfare and Health Fraud Cases
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This CPS prosecution guidance outlines the protocols and legal frameworks for prosecuting welfare and health fraud cases, emphasizing the roles of the CPS, DWP, and relevant authorities. It details case handling instructions, charges related to benefit fraud and tax credits, and the prosecution process, including public interest factors. The guidance also covers the responsibilities of investigators and advocates in these cases.
Key points
- Prosecution decisions for welfare and health fraud cases are made by CPS prosecutors.
- All decisions to amend or withdraw charges must be referred to the reviewing prosecutor.
- Welfare fraud investigations by DWP focus on benefits, including tax credits and housing benefits.
- Referral to the CPS for prosecution is typically reserved for serious cases with significant overpayments.
- Investigation powers vary for DWP, HMRC, and local authority officers.
- Public interest factors include reducing fraud's impact on communities and taxpayers.
Public-interest factors
- Impact of fraud on public resources
- Seriousness of the offence
- Previous convictions for benefit fraud
- Crooks exploiting vulnerable individuals
- Deterring others from committing similar offences
- Promoting societal trust in the welfare system.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.