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Fraud investigation income support, advice appreciated

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  • CCFC_80
    CCFC_80 Posts: 1,289 Forumite
    kittiej wrote: »
    Thanks Older

    Yes I have read the thread but how does OP know that is what they are investigating him for?

    I would be very cautious about doing their job for them and handing any further info to them on a plate, but that's just me.

    For all the OP knows someone might have grassed him up and they're hoping he'll cave in and give them all the facts when in reality they haven't got anything on him.

    Who knows, it's a funny old world. They might just be fishing, but until OP has all the facts then how can he make a proper judgement?

    This is excellent advice by KittieJ, Make sure that you have the full facts in front of you before going into that meeting with the fraud investigators.
    Insist on it if they will not tell you so you do not go into that meeting blind.
    Also just to echo what this poster has stated, you have the right to remain silent and answer no questions at all and ask for copies of all the details that they have prepared so that you can prepare for legal advice.
    Remember that the onus is on them to prove that you are guilty and they must be 100 % certain of the facts if they want to take the matter further.
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    andy46 wrote: »
    Remember that the onus is on them to prove that you are guilty and they must be 100 % certain of the facts if they want to take the matter further.

    Well, I have just done a quick "google" and found this:- http://www.highbeam.com/doc/1G1-181611163.html

    So if I were the chap concerned (who is named in the article) I think I would be prepared to eat a very large helping of humble pie!
  • andy46 wrote: »
    This is excellent advice by KittieJ, Make sure that you have the full facts in front of you before going into that meeting with the fraud investigators.
    Insist on it if they will not tell you so you do not go into that meeting blind.
    Also just to echo what this poster has stated, you have the right to remain silent and answer no questions at all and ask for copies of all the details that they have prepared so that you can prepare for legal advice.
    Remember that the onus is on them to prove that you are guilty and they must be 100 % certain of the facts if they want to take the matter further.

    Actually if you are invited to an interview under caution you are entitled to no advanced disclosure, other than what offence you are suspected of having committed. It is the investigators call as to what they tell you. If you bring a solicitor then they may ask for disclosure so as to properly advise their client. Again this is at the discretion of the investigator but normally makes the process run more smoothly.

    Also, for interest, the new sentencing guidelines for Benefit fraud cases dealt with in the Magistrates Courts have just been released (page 25 onwards):

    http://www.sentencing-guidelines.gov.uk/docs/sentencing_for_fraud_statutory_offences.pdf
  • woodbine wrote: »
    earnings from gambling are tax free,BUT the £60k took you over the £16k savings limit and therefore you were no longer entitled to I/S,you therefore face prosecution for fraud.The fact that you stopped claiming housing benefit suggests that you knew you were no longer entitled to benefits.

    Agreed but those stating he would have to stop claiming if he won more than £16,000 would also have a problem if he wasn't claiming and then stated that he had lost his last £60,000 gambling as that was his "job".

    I don't believe you can have it both ways.
  • kittiej
    kittiej Posts: 2,564 Forumite
    Part of the Furniture Combo Breaker
    Thanks Skywatcher

    Well in that case I would go along and remain silent, I'm sure it will be apparent what they are after if they go on about 60k.

    That article is quite old so why now all of a sudden?

    Who have you peed off OP?

    This is what I would do, what the OP does is entirely his own choice of course. Perhaps he won't bother going at all, who knows.

    When is your interview btw?
    Karma - the consequences of ones acts."It's OK to falter otherwise how will you know what success feels like?"1 debt v 100 days £2000
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Perhaps the Benefits Office were giving the OP the benefit of the doubt and waiting for him to declare the money himself!
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    kittiej wrote: »

    Yes I have read the thread but how does OP know that is what they are investigating him for?

    Because he says "It said in relation to income support and them believing a criminal offence had taken place in relation to undeclared capital." which sounds pretty straightforward to me.
  • kittiej
    kittiej Posts: 2,564 Forumite
    Part of the Furniture Combo Breaker
    Yes thorsoak, this would have been the best solution all round, but he says he didn't realise and saw it as tax free and not affecting his benefits.

    I'm sure he won't be the last.

    If it had have been myself then I would have got off benefits but that's because I don't want big bro controlling my income (apart from the usual tax, ni etc)
    Karma - the consequences of ones acts."It's OK to falter otherwise how will you know what success feels like?"1 debt v 100 days £2000
  • kittiej
    kittiej Posts: 2,564 Forumite
    Part of the Furniture Combo Breaker
    Yes Older, I meant what amount are they looking at? 60k, 100k?

    Who knows until he is told by them.

    He seems to have disappeared now. Maybe the paper thing got him eh.
    Karma - the consequences of ones acts."It's OK to falter otherwise how will you know what success feels like?"1 debt v 100 days £2000
  • Also adding to this because the news article has been linked in this thread surely the DWP would have not problems with accessing this through a google search.
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