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Suspected of Benefit Fraud

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  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tod123 wrote: »
    a criminal record, 100 hours unpaid work , and pay the cash back at the rate of £2.50p a month.

    Hardly helpful or reassuring

    :mad:

    Why do you do this sort of thing every now and again.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Mo'_Money
    Mo'_Money Posts: 63 Forumite
    edited 30 January 2011 at 8:44PM
    Please do not worry.

    I was in a similar situation myself about 6 years ago.

    I am a single parent and back then was on income support. I decided to better myself and go to university, and as I did I received a student loan.

    I did not declare this income to the benefits office as to me it was a loan for my living costs etc., and as I understood it, this was not an extra income. However, I soon found out that it is classed as income and I should have declared it.

    Anyway, long and short of the story is that I was called it to be interviewed. I took my friend with me, which you will be able to do if the interview is to be recorded. It is all very formal and I did feel so nervous, and scared, but they do this day in, day out, and as long as you co-operate with them and be honest you will be fine. You will NOT go to prison. I was later called in again to the benefits office after a couple of weeks and I was given a caution. NOT a police caution, it is only held on file of your benefits for a number of years (can't remember how many) and it will NOT affect any credit rating (I remember asking that at the time). A calculation was made of exactly how much my benefits were overpaid taking into account the amount of the loan, and an agreed payment plan was set up - I think at the time they took £8 a week off my income support, but it is all weighed up and they won't make you pay at a rate you cannot afford.

    So...please do not panic. If you want to know anymore of my experience just give me a shout :wave:
    New job, new start!:dance:
  • DX2
    DX2 Posts: 8,275 Forumite
    tod123 wrote: »
    a criminal record, 100 hours unpaid work , and pay the cash back at the rate of £2.50p a month.
    Did you get bored in DT ;) Do they not respond in the same way anymore, so you thought you would trot in here and ruffle a few feathers.
    *SIGH*
    :D
  • airheadm wrote: »
    I have recently received a letter from Job Centre Plus regarding a claim to Income Support. I have to attend an interview as they suspect I have committed a criminal offence because of failing to declare capital.

    I have been in the unfortunate position of having to claim Income Support over the last 2 years, During this time I have also been exempt from paying council tax.

    I have no savings of my own and have had to live hand-to-mouth during the last 2 years. My elderly mother has even had to buy me groceries for a 'treat'.

    I have NOT intentionally made any false claims and have always been in the belief that money I have for my son, albeit in my name which has not and will not be touched until he reaches university age, did not have to be declared when claiming any benefits. The amount is £10,000.

    I am a genuine, honest person and never been in trouble before but I do believe whole-heartedly that I have not committed any criminal offence. However I have since 'googled' benefit fraud and I am now beginning to think that I may in fact have committed offences when claiming council tax benefit and Income Support. I have not intentionally meant to commit 'fraud' I just believe that I have been niaive in thinking that I did not have to declare this money as I have never thought of it as mine.

    What will happen next? I am a single parent, will I go to prison over this 'offence' will they give me time to find a home for my little boy if I am sent to prison?

    I have just started a part-time job and have notified Income Support and Council Tax of my hours etc. I was just starting to think I was getting my life back on track after 2 long years of being on benefits when I received this letter.

    Any advice would be greatly appreciated as I am at a loss and an emotional wreck as to know what to do.

    If this money is in an account in your son's name which you can prove you can't touch and is only his, then I don't think you've done anything wrong. Many people have trust funds / accounts for their children but as far as I know if it's their's then that's ok?
    The day I had my Beautiful son is the day everything came together for me. For someone so small he done so much and made me complete.
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    If this money is in an account in your son's name which you can prove you can't touch and is only his, then I don't think you've done anything wrong. Many people have trust funds / accounts for their children but as far as I know if it's their's then that's ok?

    The OP stated it was in account in their name and not the childs name.

    Also savings in childrens name can be taken in to account with some benefits. As it is money you can access.

    I believe that certain benefits allow the childs account to have £3k in before it starts to effect benefits.

    I do find it hard though that when the OP was asked do you have any savings over £6k that they said no. No matter what the money was for it was in their name and they could access it.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • calleyw wrote: »
    The OP stated it was in account in their name and not the childs name.

    Also savings in childrens name can be taken in to account with some benefits. As it is money you can access.

    I believe that certain benefits allow the childs account to have £3k in before it starts to effect benefits.

    I do find it hard though that when the OP was asked do you have any savings over £6k that they said no. No matter what the money was for it was in their name and they could access it.

    Yours

    Calley

    Oh I see. My son has an account but it's a child trust fund so maybe not the same. I can't touch this and can put in a certain amount a year and he has no where near that but he is only 3 :)
    The day I had my Beautiful son is the day everything came together for me. For someone so small he done so much and made me complete.
  • stassy23
    stassy23 Posts: 404 Forumite
    my friend got caught for ben fraud living with partner and not declaring it takes months from the interview to you hear summit she got caught july last year and only received the letters to pay back in dec shes paying £50 a month back for income support they wanted £125 coz she owes them back just under 5 grand and shes got to send in her partners wage slips from the time she lived with him til she got caught so doesnt no how much she will have to pay back but like others said you wont go to prison you might have to pay back what you owe but if you explain you didnt realise maybe you will be ok good luck
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    If this money is in an account in your son's name which you can prove you can't touch and is only his, then I don't think you've done anything wrong. Many people have trust funds / accounts for their children but as far as I know if it's their's then that's ok?
    The OP clearly stated that wasnt the case.

    The money is in her account and she didnt declare it.

    If the money is legally her sons then this should be easy to prove as there will be paperwork regarding it. If it wasnt a legally binding document saying that the OP doesnt have access and that it is solely for her son then I think she will struggle to persuade the DWP that this is the case.

    If it is in her main account, not another account, then I think the chance of having this accepted is nil.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    McKneff wrote: »
    Hardly helpful or reassuring

    :mad:

    Why do you do this sort of thing every now and again.

    I wouldn't normally agree with him but that's a perfectly likely outcome. I don't think that you can falsely claim more than £10,000 over a period of two years and expect not to be prosecuted.
  • tod123
    tod123 Posts: 7,021 Forumite
    anyone who thinks I made a troll post google "baldy the clown"
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