Friend caught for benefits fraud....

Benefits_Bod

maxmycardagain wrote: »

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

16+ hours / £65 per week should be declared ONLY if that is a true statement. To dishonestly, or knowingly, misrepresent material facts (or fail to disclose them) leaves the subject of the OP open to yet more criminal offences.

The number of hours can be just as important as the amount of earnings. This is because some benefits and/or earnings disregards are dependant upon a claimant (or partner) being in "remunerative work". "Remunerative work" is defined in benefits legislation (it varies from benefit to benefit) and to suggest someone makes a statement in order to obtain benefits s/he may not otherwise be entitled to is wholly inappropriate advice. In some cases, it is even open to argument that a person giving such advice could personally be open to prosecution for a criminal offence.

As already noted by another poster in this thread responding to another post that could be regarded as "questionable" (at least in my opinion), the encouragement of fraudulent activity is expressly barred on MSE.

maxmycardagain

with time spent travelling and at a PC 16 hours is nothing, so she wouldnt be lying, especially if she made sure it took her 16 hours

and where do all these saints and judges live?

maxmycardagain

Benefits_Bod wrote: »

16+ hours / £65 per week should be declared ONLY if that is a true statement. To dishonestly, or knowingly, misrepresent material facts (or fail to disclose them) leaves the subject of the OP open to yet more criminal offences.



As already noted by another poster in this thread responding to another post that could be regarded as "questionable" (at least in my opinion), the encouragement of fraudulent activity is expressly barred on MSE.

and you are welcome to your opinions obviously so long as others can have thiers

maxmycardagain

I just wonder where i stand then

I work 30 hours a week term-time, but nothing during 19 weeks during school holidays per yearr

Under benefits-bod rules i should end my claim for any WFTC and/or housing benefit BUT i can assure you that HB choose to AVERAGE my yearly income in thier calculations, so obviously they dont agree with benefits-bod

Benefits_Bod

Just to clarify, the "rules" are not mine. The substantive response is based on government legislation. In my first hand experience (on both sides of the fence), it wouldn't be the first time an error in assessment has occurred. However, I'm not saying there has been an error - I'm not privy to the documents and evidence held by the Council (or HMRC).

In HB/CTB, the assessment of hours and/or pay where there are weeks not worked is one of those classic "You pays your money...take your choice" areas of legislation. In other words, if the AVERAGE number of hours exceeds 30 (taking into account "nil" hours during holidays), no problem. But, if the average is less than 30 and the LA has simply carried forward the same number of hours as worked during term time, it *could* be an error. Why *could*?

Under HB/CTB legislation, and taking into account legal authorities, it is possible to legitimately arrive at two different answers and for both to be "right".

1) Average over whole period (1 year max) of an identifiable working cycle; OR

2) Treat the holiday periods / return to work events as changes in circumstances with no averaging over the holiday period.

What the law doesn't allow is a "mix'n match" approach. Unsurprisingly, claimants will tend to argue for the approach that is most beneficial to them and there is nothing wrong with that at all. Does it lead to inconsistency? Absolutely. Even within the same benefits office - sometimes at the same desk "island" :eek:.

I don't know off-hand if Tax Credits legislation treats hours / earnings differently compared to HB/CTB. If it is different, then different outcomes under different benefit regimes will be inevitable.

maxmycardagain

If i considered i would be better off ceasing trading during the 3 big school holidays and claiming JSA i would

9 weeks summer, 4 weeks each easter and xmas