Bankruptcy and Benefit overpayments??

debt_doctor

Hi, in BR for a benefit overpayment to be considered fraudulent you must have;

Been interviewed under caution AND either;
Paid a financial penalty under the social security administration act 1992 OR
Successfully prosecuted for fraud in the magistrates / crown court.

DD

markbass

debt_doctor wrote: »

Hi, in BR for a benefit overpayment to be considered fraudulent you must have;

Been interviewed under caution AND either;
Paid a financial penalty under the social security administration act 1992 OR
Successfully prosecuted for fraud in the magistrates / crown court.

DD

Oh right!...Hmm ok..well i was just given a formal warning but also interviewed under caution..so i guess they can be written off eventually by BR, i suppose it's good news in one respect because i can off write the debt but i would have much prefered to do a DRO (less hassle), would it be possible to leave out the benefit overpayments and still go for DRO? Thanks for the advice debt doctor, much appreciated.

markbass

debt_doctor wrote: »

Hi, in BR for a benefit overpayment to be considered fraudulent you must have;

Been interviewed under caution AND either;
Paid a financial penalty under the social security administration act 1992 OR
Successfully prosecuted for fraud in the magistrates / crown court.

DD

I was just wondering if you knew this for certain because i was given a formal warning and interviewed under caution, which is the lesser of the three punishments for benefit fraud, but just wondered what your source of information on this matter was? as i phoned the insolvency helpline today and the guy i spoke to couldn't give me assurances that being Formally warned whilst being interviewed under caution was any different than paying a fine or being prosecuted in court, he was under the impression that being interviewed under caution no matter which one of the three punishments followed amounted to fraud but he wasn't certain as i say!


Cheers Mark.

tigerfeet2006

Mark. debt doctor is a debt councelor for the CAB and generally knows his stuff. On the limited information you have given us he has told you what the rules say. He would probably need more info.to give you a clearer answer.

markbass

tigerfeet2006 wrote: »

Mark. debt doctor is a debt councelor for the CAB and generally knows his stuff. On the limited information you have given us he has told you what the rules say. He would probably need more info.to give you a clearer answer.

I wasn't questioning DD knowledge, just his source!..it's just a very important matter in my circumstances, and i need to be 100% sure on this, i've asked the insolvency help line and they were unsure to be honest, i mean his answer was very clear and very helpfull but like i said i need to be sure, and i just wondered if he got the info from the insolvency website itself or perhaps from the mouth of an OR.

Thanks mark

fermi

LeoJohnson wrote: »

Hi,
I just read few post from Mark regarding Housing Benefits overpayments and DRO orders.

This is an old thread so posts moved to a new one here

---> https://forums.moneysavingexpert.com/discussion/4979757