Friend caught for benefits fraud....

wintermare

Im sure you are allowed 4 months to register as self-employed

Penny-Pincher!!

wintermare wrote: »

Im sure you are allowed 4 months to register as self-employed

Yes that is correct but for the purpose of Income Support, she would of needed to report any change in circumstances immediately.

PP
xx

Hammyman

Benefits_Bod wrote: »

If the amount of earnings leaves even 1p per week of Income Support entitlement intact, HB/CTB will be unaffected.

Oh the amount of money won't be affected but the fact she didn't notify a change of circumstances will affect it and stop it pending investigation.

Benefits_Bod

Hammyman wrote: »

...the fact she didn't notify a change of circumstances will affect it and stop it pending investigation.

Not necessarily.

fluffymovie

I would just add to this thread, that if she has now denied working, she has made a false statement and so should clear that up now.

An IUC is an interview under caution where the customer is invited in and given a caution "you don't have to say anything but anything you do say etc". When Benefits Bod says PACE, this is the Police and Criminal Evidence Act and governs IUC's. They are normally taped or recorded in some way and will help the investigators to make a decision about whether a fraud has occurred.

I would say that from an HB pov, a No Comment interview, whilst the claimants' right, doesn't really help as if there are circumstances which can be explained, it helps to put the issues in perspective if the investigators are made aware of them but a no comment, whilst legally a strategy, does not help at what is an opportunity to resolve the issue before it goes further.

Benefits_Bod

fluffymovie wrote: »

Investigators / IUCs.

I WILL get around to compiling a post on fraud / IUCs et al...

In the meantime, just a couple of brief observations. Investigators are not always best placed to determine whether an offence has been committed - at least not until all entitlement issues have been decided.

My advice on IUCs remains unchanged. Without proper representation, an IUC can be a minefield (courtesy of the conduct of *some* investigators) and it is quite possible for an entirely innocent person to inadvertently say something that is construed as wrongdoing when there has in fact been no such wrongdoing. This is based on first hand knowledge and the experience of having seen some truly remarkable transcripts of IUCs.

davsidipp

benefit bod.you are so right conduct of some investigators.the only proven fraud in my case was that the fraud investigator had edited the video.they took it right to crown court where they provided no evidence.IUcs they have already collected all the evidence they need,with regards pace they still 3 years later 3 court appearences and 2 tribunuals later not provided me with my reguarly asked for copy.

pupsicola

As long as she is completely up front with them about what she has earnt I am sure they will try and sort things out without getting heavy handed. Its not like she has been earning a fortune on a regular basis. Yes she should have told them but as long as she co-operates fuly it should sort itself out okay.

maxmycardagain

wintermare wrote: »

Im sure you are allowed 4 months to register as self-employed

it used to be 3 months or get a £100 fine, but then again, HMRC rarely chase down the accuracy of stated dates

she could declare s/employed 16+ hours a week, state £65 a week income, get CHB, max WFTC and HB, and it would probably be more than IS and HB alone, plus she could get 70% of child care paid for

Caroline73_2

wintermare wrote: »

Im sure you are allowed 4 months to register as self-employed

Penny-Pincher!! wrote: »

Yes that is correct but for the purpose of Income Support, she would of needed to report any change in circumstances immediately.

PP
xx

maxmycardagain wrote: »

it used to be 3 months or get a £100 fine, but then again, HMRC rarely chase down the accuracy of stated dates

she could declare s/employed 16+ hours a week, state £65 a week income, get CHB, max WFTC and HB, and it would probably be more than IS and HB alone, plus she could get 70% of child care paid for

From HMRC website

'You should tell us as soon as you start working for yourself (you can’t register in advance). If you delay registering, you may have to pay an initial penalty. You’ll also have to pay further penalties if payments become due and have not been met. '

The 3 (not 4) month rule went a good while ago. I found this income by googling 'declaring self employment to HMRC'