The person concerned is being prosecuted for knowingly making false representations for the purpose of obtaining payment of unemployment assistance on a number of days between 1 September 1995 and 11 April 1996.
An overpayment of £1,760 has been assessed against him in respect of the period of concurrent working and claiming of unemployment assistance. He is currently in receipt of the back-to-work allowance and has agreed that the overpayment be recovered by weekly deductions of £9 from this allowance.
The policy in my Department is to consider for prosecution all serious cases of social welfare fraud. Factors considered include the duration of the fraud, the size of the overpayment, any mitigating circumstances involved and the deterrent effect a particular prosecution may have in the public mind. The fact that a person makes repayments in instalments would not, of itself, be sufficient grounds to withdraw a case. It would often be, however, a relevant mitigating factor for the justice to consider in arriving at a judgment.