tax credit fraud - in such a mess.

compoff

You will have to pay this money back directly as they will not be able to take it off the payments you will receive for your joint claim. However, TCO rarely go down the criminal prosecution route unless it is a very substantial amount.

hotblu

"I have ended the claim, I just ended it as of the day I rang up (in June)"

Why have you done that? If you and your partner moved in together as of November 2007 then that is the date you should have advised the TC helpline.

Bobbity123

The first thing is do not make yourself ill (not worth it). If you have ended the claim and TCO have the correct details now then you are doing all you can. Thousands of people in the UK face a TC overpayment (mostly those that told TC of the changes and they ignored them anyway!!)

TC are not going to send the police to the door and your children will not end up in care. They will usually reduce down your current payments (worse case on this side stop them altogether) until the amount is reclaimed.

Lets face it, you have not committed murder so be a little kinder to yourself and be positive. This will sort itself out. On the positive side you have updated the claim now and not let it run for any longer.

Oldernotwiser

compoff wrote: »

You will have to pay this money back directly as they will not be able to take it off the payments you will receive for your joint claim. However, TCO rarely go down the criminal prosecution route unless it is a very substantial amount.

£5,500 is quite a substantial amount, although I believe things go easier when the claimant has admitted things and there are some mitigating factors.

emsywoo123

Can I just ask, and I know that this will not make me popular, but I would like to know: Some of you seem to be implying that the OP will not be prosecuted as they have "owned up" I completely do not understand this? Is it ok to commit benefit fraud, but as long as you confess you'll get away with it?>

I know I will be shot down in flames, and it is clear that the OP is very worried, I am quite sure none of the worst case scenarios will occur, but please can someone in the know address my query?

terrified01

hotblu wrote: »

"I have ended the claim, I just ended it as of the day I rang up (in June)"

Why have you done that? If you and your partner moved in together as of November 2007 then that is the date you should have advised the TC helpline.

I have done that as I just wanted to stop all payments and will let compliance sort it out from there, plus I believe as the claim was under compliance they would not have been able to make the chage that far back anyway? I have given them all of the details but there are 2 possible dates the claim should have been ended and have given them both of these with relevant circumstances to allow them to make their decision. I did not want to give any more incorrect information so feel as long as the payments had stopped, it would be better to let TCO make all decisions from now. Although I never ended the claim as of November by phone, I have informed them in writing this should have been the case so I dont suppose it would make a difference which way I have done it.

Thanks again to you all for taking the time to respond to me.

Oldernotwiser

emsywoo123 wrote: »

Can I just ask, and I know that this will not make me popular, but I would like to know: Some of you seem to be implying that the OP will not be prosecuted as they have "owned up" I completely do not understand this? Is it ok to commit benefit fraud, but as long as you confess you'll get away with it?>

I know I will be shot down in flames, and it is clear that the OP is very worried, I am quite sure none of the worst case scenarios will occur, but please can someone in the know address my query?

I completely agree that in trying to reassure the OP some posters have gone too far in the other direction. However, one does hear that if people make a clean breast of things and repay the money, prosecution is less likely. This seems to vary in different situations but is obviously the best (and right!) thing to do.

jools1985

emsywoo123 wrote: »

Can I just ask, and I know that this will not make me popular, but I would like to know: Some of you seem to be implying that the OP will not be prosecuted as they have "owned up" I completely do not understand this? Is it ok to commit benefit fraud, but as long as you confess you'll get away with it?>

I know I will be shot down in flames, and it is clear that the OP is very worried, I am quite sure none of the worst case scenarios will occur, but please can someone in the know address my query?

I think people are just trying to reassure the OP who is clearly very worried about the situation she is now in. Rather than coming on here and making excuses and blaming others for her situation she is being honest with us about what has happened and is sharing her fears. For this reason she is receiving advice and reassurance.

I'd be very surprised if she was prosecuted and as for confessing and getting away with it, isn't that what you are advised to do in any criminal case? Confess and hope for a lighter penalty. I'm not shooting you or the OP down in flames just putting my point across as I see it :rolleyes:

compoff

HMRC are reluctant to go down the criminal route, with respects to tax credits, due to the bad press it already gets. They treat tax credit fraud a lot different than they would for VAT fraud etc. The DWP is responsible for the other benefits and as such work things differently. As I said earlier they will not just take this overpayment off your current payments, you will have to pay back direct.

viktory

In response to emsywoo123, I do not condone benefit fraud in any shape or form. However, the OP has admitted she has made a huge mistake and will have to pay the money back. I think she has probably suffered quite a lot through stress and will continue to suffer through financial hardship. That is not 'getting away with it'. I think the OP has tortured herself enough about the possible outcome from her actions and there is little to be gained from giving her a hard time on here - and a prosecution would be a complete waste of time and effort. All TC are interested in is getting the overpayment repaid.