Income support and fraud... please help.

outrageous_monkey

Thanks poet

My friend cant remember if she did fill out a review form during that time. She has asked, if she did fill out a review form and didnt mention any change of circumstances, how much differance will it make??

poet123

Just the difference between them bothering to prosecute or not probably,may not have a bearing on the outcome. TBH single mum,relatively small amount,paid back...dont think they will throw the book at her. Does she have any medical history which could be used as supporting evidence? depression etc.

Tell her not to worry too much,but get a solicitor who has experience in this field and listen to his advice.

Conor_3

Chances are that if it was an appearance for fraud, it'd be extremely unlikely a custodial sentence would be awarded. At worst a fine, costs and either suspended sentence or community work or something like that. Its in nobodys interest to lock her up and wouldn't achieve anything. Her repayment record works in her favour.

Downside is that she'd have a criminal record which she would have to disclose on job applications and CRB checks and it would most likely restrict travel to such places as the USA.

dmg24

outrageous_monkey wrote: »

Thanks poet

My friend cant remember if she did fill out a review form during that time. She has asked, if she did fill out a review form and didnt mention any change of circumstances, how much differance will it make??

Not admitting a change when asked shows intent, so makes it more serious.

Have just had a word with another ex fraud officer (not poet123 ) and they have said that a prosecution is the most likely action for amounts over £1500 where the offence is clear cut, so I was wrong on my amounts I'm afraid.

Sorry about the post saying you - I thought your friend was still there!

Could I ask why she did not notify the change in circumstances, and what reason did she give to the fraud officers?

If you can't get a solicitor to take on the case, I would be happy to help with helping write a letter to the judge. I've got people off for much worse x

dippy3103

outrageous_monkey wrote: »

income support, namely that she was working, contrary to section 112 (1A) of the social security administration act 1992

DMG is right- 112(1A) is the Criminal Offence of failing to report a change in circumstances, and nothing to do with the recovery of the overpayment. Whilst i would not wish to second guess the bench, my experiance is that it is highly unusual for anyone to go to prison for such an amount unless there are previous convictions. Most cases that i have seen recently have been dealt with by way of a community punishment order.

outrageous_monkey

Thanks guys

DMG, you have a PM - Thank you for all your help tonight on here, it really has been appreciated.

That goes to everyone else who has given advice, I really do thank you.

However, I am going to stop posting now, because my friend is extremely upset and I need to spend some time with her right now.

Thanks again... I do appreciate your honesty... but this is a young girl, with a small child, who made a mistake...... is prepared to pay it all back.... but being sent to prison?? I thought there was no room???

poet123

It is highly unlikely she would go to prison,a fine or CPO is the most probable outcome. It is certainly not worth ruining her health/sanity over.

dippy3103

Just wanted to add. Offences under section 112 of the Socilal Security Administration act are summary only- ie are only heard at magistrates court as thier sentacing powers cover the maximum for the offence. So your freind won't be facing a crown court.
As Poet123 says- it's not worth ruining health & sanity over.

Gillianh2

OP

Please can you try to get your friend an appt with her GP asap to help her with her depression. I know she is worried about the court appearance but her threats of suicide should be addressed. The sooner she sees her GP the better.

Please keep us updated on things