Punishment for benefit fraud

System

gabbyevs wrote: »

wot happened in the end op i know its an old thread but am jsut interested

My brother got imprisoned for 3 months and my dad kept his money. Brother is apparently paying back what he owes but haven't a clue at what rate. He's still not working though

Happychappy

kmart87 wrote: »

Hi All,

I have been summoned to MAGISTRATES COURT in May for benefit fraud.
I will and have held my hands up about doing this, but to be honest, was very naive regarding what I was getting myself into.
Myself and my partner split up in July 2009, when i began claiming IS and CTB and HB. After 3 months of not seeing him at all, he gradually began staying at my house for 2-3 nights a week to permanently residing in my property again in September 2010. to cut a long story short I had 2 investigations under caution in which in the 2nd one I admitted fully what I had done, and realised that not declaring this was illegal. I owe just under 5000.00 which I am preparing to pay back as of the 1st April (due to financial struggle have had to pay off other debts first), and I just want to know what is going to happen to me... am I likely to go to prison? and will they make a decision on the day. I am a mother of 1 and am now working full time, up to date with all repayments on everything and am genuinely scared about what is going to happen. I just want closure on it now, I know I have done wrong but just want to get on with it. Help please!!

Hopefully you will get sent down, but unfortunately doubt you will go to prison :mad:, in fact more than likely get legal aid and further benefits for some stress related crap, shame

vax2002

hanny83 wrote: »

If the overpayment is under £2000, but in the interview your brother denied that he thought he had done anything wrong he will get an Administrative Penalty which is the overpayment plus a 30% fine. If during the interview he held his hands up and said sorry then he will get a Caution and just have to pay the overpayment back.

.

This is not the case and the first statement read out in court will be that no inference can result in greater punishment that if the case is proven, by the clerk of the court.

mumblub

Im with moose on this one kmart only came on here for help they knew they did wrong and are now going to pay for it...to suggest that you hope they are sent to prison is just wrong..many people come to martins site for help mainly because they want help/help with issues and have came here because they have been told by someone else of what a great site it is at helping..for someone prob at there wits ends to be told ...no pity for you..you deserve jail is wrong..how da heck can that help someone who is worrying...everyone has their views on issuses (whatever it may be) but kmart posted here asking for help for the issue they got themselves into and is now trying to fix not to be hit back with peoples personal views on what they in their own belief of what is right or wrong...advice and help are just that ..not a personal belief

M00se_2

chris1973 wrote: »

Yes, funny that. I imagine most of those nasty unsympathetic people that you refer to are just coming to the end of another long working week, perhaps they may have just finished a 12 hour shift for an ungrateful boss to find a huge pile of bills on their doorstep to make it all worthwhile!, or perhaps they are about to start a long night shift on a ward wiping backsides and mopping up puke.

Maybe, just maybe these heartless beings, simply take umbrage at reading about those who have led the life of Riley at their expense and who have essentially committed fraud in order to be able to do it. I'm sure that those genuinely on benefits will also be as forgiving as you, after all its people like that who ruin it for them and the many other genuine hardship cases, and whose pre-meditated actions are making it doubly difficult to claim for a long term illness or disability.

I work 45 hours a week and have worked ever since I left school some 20+ years ago & I pay my bills so you see I am one of those hard working people you refer to.

Jog on..

Soapn

mumblub wrote: »

Im with moose on this one kmart only came on here for help they knew they did wrong and are now going to pay for it...to suggest that you hope they are sent to prison is just wrong..many people come to martins site for help mainly because they want help/help with issues and have came here because they have been told by someone else of what a great site it is at helping..for someone prob at there wits ends to be told ...no pity for you..you deserve jail is wrong..how da heck can that help someone who is worrying...everyone has their views on issuses (whatever it may be) but kmart posted here asking for help for the issue they got themselves into and is now trying to fix not to be hit back with peoples personal views on what they in their own belief of what is right or wrong...advice and help are just that ..not a personal belief

I think you'll find it's the act of STEALING thousands of pounds that is wrong.

People will have opinions on thieves, and tbh, I'd be too ashamed to admit on a public forum that I was a thieving lowlife if I'd been STEALING money, and I most CERTAINLY would not be expecting any sympathy.

BurnleyBob

kmart87 wrote: »

Hi All,

I have been summoned to MAGISTRATES COURT in May for benefit fraud.
I will and have held my hands up about doing this, but to be honest, was very naive regarding what I was getting myself into.
Myself and my partner split up in July 2009, when i began claiming IS and CTB and HB. After 3 months of not seeing him at all, he gradually began staying at my house for 2-3 nights a week to permanently residing in my property again in September 2010. to cut a long story short I had 2 investigations under caution in which in the 2nd one I admitted fully what I had done, and realised that not declaring this was illegal. I owe just under 5000.00 which I am preparing to pay back as of the 1st April (due to financial struggle have had to pay off other debts first), and I just want to know what is going to happen to me... am I likely to go to prison? and will they make a decision on the day. I am a mother of 1 and am now working full time, up to date with all repayments on everything and am genuinely scared about what is going to happen. I just want closure on it now, I know I have done wrong but just want to get on with it. Help please!!

Pay no attention to some of the holier than thou, let's pretend I'm a paragon of virtue type characters who have responded to your message because no candidates for elevation to living sainthood status actually exist at this forum - or anywhere else on planet earth.

Your punishment will depend on a multitude of variables, including what mood the judge happens to be in that day, how well your barrister presents mitigating circumstances, whether you have shown contrition, your child, your previous benefits history, etc, etc.

Purely on the face value of your message I'd guess that the chances of you being sent to prison is between very unlikely and extremely unlikely.

fogartyblue.

BurnleyBob wrote: »

Pay no attention to some of the holier than thou, let's pretend I'm a paragon of virtue type characters who have responded to your message because no candidates for elevation to living sainthood status actually exist at this forum - or anywhere else on planet earth.

Your punishment will depend on a multitude of variables, including what mood the judge happens to be in that day, how well your barrister presents mitigating circumstances, whether you have shown contrition, your child, your previous benefits history, etc, etc.

Purely on the face value of your message I'd guess that the chances of you being sent to prison is between very unlikely and extremely unlikely.

In which case could somebody please explain how, if that is what happens, is it a warning to others? Where is the deterrent?

Benefit fraud, in my opinion should be up there with the armed robbery cases! They both still use a weapon to take what is not their's. One has a gun/knife the other uses his brains and is cunning and devious!

I have yet to see the maximum sentence ever passed down on a benefit fraudster - 10 years!!
Maybe because they put up a 'pity me' attitude.

Any benefit fraudster needs to be sentenced at a level that will put others off carrying out the same.

Slap on the wrist, weeding a patch of ground for a few weeks - it's a joke, a complete and utter joke!

Dunroamin

BurnleyBob wrote: »

Pay no attention to some of the holier than thou, let's pretend I'm a paragon of virtue type characters who have responded to your message because no candidates for elevation to living sainthood status actually exist at this forum - or anywhere else on planet earth.

Your punishment will depend on a multitude of variables, including what mood the judge happens to be in that day, how well your barrister presents mitigating circumstances, whether you have shown contrition, your child, your previous benefits history, etc, etc.

Purely on the face value of your message I'd guess that the chances of you being sent to prison is between very unlikely and extremely unlikely.

Whilst i agree that a prison sentence is unlikely, you don't have to be a candidate for sainthood to know that stealing £5,000 is wrong and I can't see why this shouldn't be commented on.

Do you really have so low opinion of humanity to think that stealing thousands of pounds is a common thing that most people would do?

Chrissiew

fogartyblue. wrote: »

In which case could somebody please explain how, if that is what happens, is it a warning to others? Where is the deterrent?

Benefit fraud, in my opinion should be up there with the armed robbery cases! They both still use a weapon to take what is not their's. One has a gun/knife the other uses his brains and is cunning and devious!

I have yet to see the maximum sentence ever passed down on a benefit fraudster - 10 years!!
Maybe because they put up a 'pity me' attitude.

Any benefit fraudster needs to be sentenced at a level that will put others off carrying out the same.

Slap on the wrist, weeding a patch of ground for a few weeks - it's a joke, a complete and utter joke!

I believe the reason most benefit fraudsters are not sent down is because it would cost the tax payer far more in keeping someone in prison than the cost of the crime itself. They are made to pay the benefit back, even if it does take a few years, and its either taken out of any benefit money they are still recieiving or straight from their wages if they are working so the tax payer doesnt stump up for that bit.

If they could use the deterrant of never allowing the claimant to claim benefits again it would be good, but they would find a way round it, for example if they lived with someone and that person claimed for them, if they had kids they would have to make sure the kids were provided for, so I dont think that would be a workable solution. I think most fraudsters only commit the crime once as they would be watched like a hawk so would be stupid to do the same thing twice, prison should certainly be the only option over a certain limit, but I think most do get away with a non custodial sentence.

The thing about benefit crime is its an easy way to get extra money, unless things have changed dramaticaly the only way to get found out is to get grassed up, you can even get away with living with your boyfriend and telling the DWP hes there as a lodger, or because he refuses to move out and you both live separate lives, the DWP couldnt have officers who would just turn up at your house to have a snoop round to make sure you are a lone parent, unless they have some sort of reason to be suspicious they would have no excuse to do that, and they couldnt do it to everyone who claimed lone parent benefits because it would take forever to do that.

There will always be benefit fraud, and people either do it because they cannot afford to feed their family any other way, or they are greedy, or they are too scared to give up the benefit incase their new relationship doesnt work out and they will have to go through the whole long process again