worried to death!!!!

AsknAnswer2

Any overpayment as a result of fraud which is in excess of £2000 is referred for prosecution, regardless of whether the overpayment is being re-paid.

For the sum of overpayment you mention and the period of time the fraud was carried out over plus the claim not being fraudulent from the outset, the sentencing guidelines state the likely sentence if found guilty would be a Community Order or up to 26 weeks in custody. (and remember - criminal law requires a much higher standard of proof than civil law). The court will take any mitigating circumstances into account, including that she has entered into an agreement to repay the money and has kept to it so far.

hunterforce

AsknAnswer2 wrote: »

Any overpayment as a result of fraud which is in excess of £2000 is referred for prosecution, regardless of whether the overpayment is being re-paid.

For the sum of overpayment you mention and the period of time the fraud was carried out over plus the claim not being fraudulent from the outset, the sentencing guidelines state the likely sentence if found guilty would be a Community Order or up to 26 weeks in custody. (and remember - criminal law requires a much higher standard of proof than civil law). The court will take any mitigating circumstances into account, including that she has entered into an agreement to repay the money and has kept to it so far.

Community Order or up to 26 weeks in custody. what does this mean???in custody??

poet123

hunterforce wrote: »

Community Order or up to 26 weeks in custody. what does this mean???in custody??

Prison sentence.:(

hunterforce

Not Fraudulent from the outset, and either fraud carried out over a significant period of time or multiple frauds

£500K (SP £750K) - Start Point (SP): 3 years. Range: 2-6 years.

£100k - £500K (SP £300K) - Start Point (SP): 2 years. Range: 12 months-3 years.

£200K -£100K (SP £60K) - Start Point (SP): 36 weeks. Range: 12 weeks-18 months.

£5K-£20K (SP £20K) - Start Point (SP): 6 weeks. Range: CO(Med) - 26 weeks. think it is this one!!

Less £5K - Start Point(SP): CO (Med). Range: Fine-CO (High).

Just seen this on a site as a giude line for sentencing

dmg24

FOURCANDLES wrote: »

Still nothing wrong with calling your MP, it is up to them if they can or cant do anything even if it is moral support do not make decisions on behalf of your MP.

An MP is not there to provide *hugs*!

hunterforce wrote: »

Not Fraudulent from the outset, and either fraud carried out over a significant period of time or multiple frauds

£500K (SP £750K) - Start Point (SP): 3 years. Range: 2-6 years.

£100k - £500K (SP £300K) - Start Point (SP): 2 years. Range: 12 months-3 years.

£200K -£100K (SP £60K) - Start Point (SP): 36 weeks. Range: 12 weeks-18 months.

£5K-£20K (SP £20K) - Start Point (SP): 6 weeks. Range: CO(Med) - 26 weeks. think it is this one!!

Less £5K - Start Point(SP): CO (Med). Range: Fine-CO (High).

Just seen this on a site as a giude line for sentencing

This is why you need to seek professional advice - as AnA2 has mentioned, lots of factors are taken into account. Also, it is not a given that she would even be found guilty.

hunterforce

dmg24 wrote: »

An MP is not there to provide *hugs*!



This is why you need to seek professional advice - as AnA2 has mentioned, lots of factors are taken into account. Also, it is not a given that she would even be found guilty.

Thanks i know, im just trying to prepair for every outcome, im awaiting a few calls back for tomorrow so hopefully it will become more clear then.

AsknAnswer2

hunterforce wrote: »

Not Fraudulent from the outset, and either fraud carried out over a significant period of time or multiple frauds

£500K (SP £750K) - Start Point (SP): 3 years. Range: 2-6 years.

£100k - £500K (SP £300K) - Start Point (SP): 2 years. Range: 12 months-3 years.

£200K -£100K (SP £60K) - Start Point (SP): 36 weeks. Range: 12 weeks-18 months.

£5K-£20K (SP £20K) - Start Point (SP): 6 weeks. Range: CO(Med) - 26 weeks. think it is this one!!

Less £5K - Start Point(SP): CO (Med). Range: Fine-CO (High).

Just seen this on a site as a giude line for sentencing

That's right.

joanne_d_3

When i was receiving carers allowance for my daughter they wrote to my EMPLOYER quite regularly asking him to complete earnings enquiry forms .

He always told me when he received a letter asking for my earnings details and i would say that he received them once or twice a year .

Op , didnt your wife's employer ever receive anything like this ? Surely in the time your wife was receiving the benefit her earnings were checked at least once ?

hunterforce

AsknAnswer2 wrote: »

That's right.

doesn't co mean community order, where does it mention being held in custody for 26 weeks, surely they wouldn't do this on first offence when we have 3 young children and still a relitive to be looked after, where would the care come from then??

hunterforce

joanne_d wrote: »

When i was receiving carers allowance for my daughter they wrote to my EMPLOYER quite regularly asking him to complete earnings enquiry forms .

He always told me when he received a letter asking for my earnings details and i would say that he received them once or twice a year .

Op , didnt your wife's employer ever receive anything like this ? Surely in the time your wife was receiving the benefit her earnings were checked at least once ?

No only recently when they started the investigation back end of last year