Benefit fraud help needed

Benefits_Bod

sunnyone wrote: »

You admit your partner was claiming benefits fraudulently .

Um, no conviction, no caution, no administration penalty. It isn't fraud. Overpayment yes, but not fraud in the eyes of the law.

dmg24

Benefits_Bod wrote: »

Um, no conviction, no caution, no administration penalty. It isn't fraud. Overpayment yes, but not fraud in the eyes of the law.

Fraud also has a lay meaning, it is not just a legal test. In lay terms, the OP has committed fraud.

AnxiousMum

One of the mums at the school was done for benefit fraud - seems that due to medication, illness etc. that she forgot to tell them she had been married - 8 years running ! With a debt of over £60K, she started paying them back and her husband paying back too out of his pay cheque.....then came the prosecution, the conviction, and a one year jail sentence with six month served. It ain't ove till it's over.....

I have reported one person for benefit fraud in the past - yep - he had a big mouth - however, I chose to provide my details in case they wanted clarification of anything reported, or needed a place to watch him from........he knew from the information he was asked about (we lived very rural, and the info could only have come from me) who had reported him......and believe it or not......whilst he was being investigated for faud, I was interviewed under caution for 'harassment' for having reported him! The lawyer was laughing as loudly as I was at the IUC......needless to say - the 'harassment' went nowhere......he also needs to be careful about the videos that his partner shows on facebook - showing him doing all kinds of things that he apparently cannot do.......and where she posts openly about selling newly released movies on dvd which are obviously illegal copies.....to other people on their very public profile page! I imagine that facebook is a great investigation tool these days as well!

kingfisherblue

Although he has posted since I asked this, the OP has not responded to me. Excuse me for repeating myself.

So, to save me further confusion, how did the overpayment occur? Was it a result of your partner failing to inform the DWP that you had moved in, or was it a result of a DLA form filled in incorrectly?

If I have misunderstood, could you explain where the error occured please?

Indie_Kid

AnxiousMum wrote: »

and believe it or not......whilst he was being investigated for faud, I was interviewed under caution for 'harassment' for having reported him! The lawyer was laughing as loudly as I was at the IUC......needless to say - the 'harassment' went nowhere......

er, what? So, you got interviewed under caution because you reported a benefit cheat?!

Talk about dammed if you do, dammed if you don't!

[Deleted User]

wardende wrote: »

actually it is a defence if you look into it. Or certainly with relation to benefit fraud, I dont know about other areas of law.

All I wanted to know is whether or not this is now finalized, as I have no idea why it'd take them so long to take us to criminal court if they wanted to. I know a recent stat is that 1 in 4 cases go to court.

When you say ignorance isnt an excuse, you obviously havent ever filled in a claim for for DLA? I've had to do this for my son, there;s 40 odd pages and it takes a hell of a lot out of you. The benefits system is very complex, and unless you really know the ins and outs, innocent people will get accused of fraud.

There is a difference between benefit overpayment and benefit fraud. People need to understand that.

ive filled in dla applications and renewals 4 times now,and i maintain that ignorance of benefit rules IS NOT a defence for committing fraud

Morglin

wardende wrote: »

Hi there, I was hoping someone could give me some advice.

My partner has been accused of benefit fraud, however we've both been invited to an IUC. This was in December 08. We declined, as we couldnt afford the solicitor.

Instead of attending, we played a waiting game, and in feb 09 a letter came through saying that they were going to ask my partner to repay housing benefit and income support to the tune of over £20k.

We appealed this decision and some letters went back and forth between us and the council, the DWP didnt really do much at all to be honest, they seem to have taken a back seat. We setup payment plans to pay off the council and the DWP whilst the appeal was being sorted.

Anyway, the appeal was rejected, and it went to the tribunals service. That was also rejected, we couldnt attend due to not being able to afford a solicitor. Anyway, nearly 2 years on from when we first got the invite to IUC, no charge, no notice of prosecution, but we are still repaying this huge sum which is incorrect.

My question is - have they decided not to prosecute? Or is it usual for this to take so long?

I also feel that on the balance of probabilities my partner may look guilty, however proving this beyond reasonable doubt in a criminal court the council and DWP will probably struggle, and I'm wondering if they're just happy for us to pay back more than we actually should be, rather than taking us to court and the true amount would probably be proved to be significantly less.

I cant give too much away on the details, as I've been advised that DWP and council fraud staff monitor these forums, but I was wondering if it would seem that this is all finalized or is it likely to still go to court?

I got free legal advice, and they said it would likely be because of your circumstances that they havent prosecuted, we have a disabled son so I was thinking that could be the reason maybe. Also we are on a low income.

We need closure, having been really worried about it from dec 08 through to now, and not knowing what the future holds. I have started to think less and less about it over the last year, but with the PM banging on about benefit fraud recently it's bought it all back to us.

As you have a disabled son, give these people a ring:

http://www.dls.org.uk/

or

http://www.communitylegaladvice.org.uk/gateway/benefits.jsp

Both should be able to point you in the right direction to get some legal help.

Lin

DX2

wardende wrote: »

I have even been re-reported for benefit fraud by some joker on this very thread! even though the DWP are fully aware of this hence the whole point of my post, what a fool.

Trolltastic! :T

AnxiousMum

sh1305 wrote: »

er, what? So, you got interviewed under caution because you reported a benefit cheat?!

Talk about dammed if you do, dammed if you don't!

Yup! however, I wouldn't hesitate to do it again. It never went anywhere, and I got a lovely letter of apology from the police dept......

Vader123

wardende wrote: »

I have even been re-reported for benefit fraud by some joker on this very thread! even though the DWP are fully aware of this hence the whole point of my post, what a fool.

I think this is aimed at me!

Well if the DWP is fully aware of your post then no harm done is there? You can sleep soundly tonight if they know all about it.

However I have been asked for more information on my post and where I found it. Seems someone at DWP wants to know more. Someone at the DWP fraud department forums are not "fully aware".

wardende wrote: »

It was my belief that I would find a few people with the compassion or decency to be sympathetic and try to offer some guidance or advice, however I;ve been treated like the witch in the village!!

In any walk of life you will find people who fiddle the system and try to play games get reported. Whether it be the 250K a year tax payer, or the girl next door, you cheat you get ratted on.

wardende wrote: »

over and out.

They used to say that in prison at the end of visitors time!

Vader