Tax credit hell

LizzieS_2

subsoniccoyote wrote: »

They will not do this in each and every case.

They will only do this if there is a random enquiry, randon pre-award check or if there is any suspicion raised with the award at any point.

They do realise that there should be a reduction in costs when the child reaches a certain ages so this is likely why there is an enquiry on the award.

It is highly likely that they will check the costs with the provider and they may also ask for receipts to prove you have been paying the provider the amount you declare.

I must have been a random enquiry then! (it was early into the claim and I only knew when the childminder told me a few days after TC spoke to her). I've still got all those receipts, though I doubt I will now have to produce them as that claim ended a few years ago.

lukieboy96

When i worked in a Nursery, we would receive a form to fill in from Tax credits for each child claiming. We had them for all of them!! We would have to put how much they actually paid.

Also, when my son attended a childminder she always had to prove i paid her each year. There was a lady who didn't always do the hours she claimed for and she was found out and had to pay back the money.

I think you are wrong for claiming for childcare when you know you don't pay. It is up to you to inform tax credits. And you are de frauding the sysyem

cabvol

alwaysonthego wrote: »

I hope you realise that the CAB have a legal duty to inform the DWP/HMRC of any benefit fraud!

I do not think so.......
I thought cab were there to advise clients no matter what their situation people should not be put off getting advice through fear of being reported, the advice should of course be on what they need to do to put their benefit claims right.

The role of advisers when advising about benefit fraud

The offence of knowingly causing or allowing a claimant to fail to inform the authorities of a change of circumstance has implications for advisers. The legislation does not impose a blanket obligation on an adviser or any third party to inform a benefit authority of someone s/he knows to be defrauding it in order to avoid the risk of prosecution. However, advisers should point out to all clients claiming benefits or connected to someone who is claiming benefits, for example, a member of the family, employee or landlord, that they are obliged to inform a benefit authority of a change of circumstances and explain the consequences of failing to do so.

alwaysonthego_2

cabvol wrote: »

I do not think so.......
I thought cab were there to advise clients no matter what their situation people should not be put off getting advice through fear of being reported, the advice should of course be on what they need to do to put their benefit claims right.

The role of advisers when advising about benefit fraud


The offence of knowingly causing or allowing a claimant to fail to inform the authorities of a change of circumstance has implications for advisers. The legislation does not impose a blanket obligation on an adviser or any third party to inform a benefit authority of someone s/he knows to be defrauding it in order to avoid the risk of prosecution. However, advisers should point out to all clients claiming benefits or connected to someone who is claiming benefits, for example, a member of the family, employee or landlord, that they are obliged to inform a benefit authority of a change of circumstances and explain the consequences of failing to do so.

The CAB will not advice someone on commiting fraud and if an adviser suspects that a client is commiting benefit fraud then they are expected to report it to their superviser who will then report it to the bureau manager, who will decide the next steps to take.

cabvol

alwaysonthego wrote: »

The CAB will not advice someone on commiting fraud and if an adviser suspects that a client is commiting benefit fraud then they are expected to report it to their superviser who will then report it to the bureau manager, who will decide the next steps to take.

So the answer is do not go to the cab for help if you have committed benefit fruad yes?

Would it not be better to help that person to understand that what they are doing is wrong and what they need to do to put matters right?

I would not expect an adviser to assist with a fraud ie continue to advise a client on a claim where they know it is a fraud but hat is a very different matter.

cabvol

alwaysonthego wrote: »

I hope you realise that the CAB have a legal duty to inform the DWP/HMRC of any benefit fraud!

It would appear that the OP would have legitimate claims for benefit if they notified the relevent change of circumstances, they need advice on how to do this and I would have thought the CAB would be the best place to get this, if people are put off getting advice then surely the fruad (if any) is likely to continue.

There is a fine line between failure to notify a change and a fraud.

alwaysonthego_2

cabvol wrote: »

So the answer is do not go to the cab for help if you have committed benefit fruad yes?

Would it not be better to help that person to understand that what they are doing is wrong and what they need to do to put matters right?

I would not expect an adviser to assist with a fraud ie continue to advise a client on a claim where they know it is a fraud but hat is a very different matter.

If someone has accidently commited fraud i.e not informed tc that they have stopped working and are still claiming WTC then an adviser would tell them to let TCO know straight away.

If someone is knowingly committing fraud then it is a different matter. For example if a single mum is claiming IS but as not informed DWP she is getting CS from the father and keeping the full amount and refuses to tell them because she wants to keep it and is not willing to do so then this is what an adviser would report to their superviser.

hanny83_2

cabvol wrote: »

There is a fine line between failure to notify a change and a fraud.

Failure to promptly notify a change IS fraud. Under Section 112A of the Social Security Administration Act 1992. That's the Act DWP offences are charged. There is an Act very similar to this under The Fraud Act 2006 that HMRC use but I can't remember what it is.

ETA found it, it's Fraud By Failing To Disclose Information.

alwaysonthego_2

cabvol wrote: »

It would appear that the OP would have legitimate claims for benefit if they notified the relevent change of circumstances, they need advice on how to do this and I would have thought the CAB would be the best place to get this, if people are put off getting advice then surely the fruad (if any) is likely to continue.

There is a fine line between failure to notify a change and a fraud.

We know what we have done is wrong because the hours dont add up but it does add up over the year for the amount earnt.

What happens now when they will know that we was claiming child care costs even though the children dont pay to go to nursery and one of the children has never gone?

Without this money, we would be around £800 in the red EVERY month and the money is to support 5 people in the household. We don't go on holidays etc... We use the money to LIVE.

Do you think this is a simple failure to notify a change or fraud?

cabvol

It is difficult to understand if you are agreeing with me or not but I will assume you know more about the matter than me and leave it at that.
Just thought the OP had been jumped on rather hard and really he should get some proper advice about what benefits he should be getting. I doubt he will do that if the CAB will report him to the authorities, still the law is the law.