Benefit Fraud

jana77

Hi
I wonder if you can help as i am very worried about this.
My mother's partner (they are not married) is being convicted of benefit fraud. He has some mental health issues and i am not sure he entirely knew what was going on. They say that he has taken £47,000 fraudulently which is just astounding. I think it is relating to disability allowance. My mum genuinely knew nothing about this, i know that may seem hard to believe but she is absolutely devestated.
My concern is that she has just sold her house, he lived there but his name was not on the mortgage and he did not contribute towards the upkeep of it. He also signed a document saying he would not make any claims on it. She has sold the house as she couldn't afford the mortgage and is going into rented accomodation today. This time his name is on the tenancy as the landlord required it, although they only have her bank acc details.
What i am worried about is that if he is convicted (he is out on bail at the moment) that she will be in some way liable for the money? The DWP have said they will take £58 a week for 15 years to pay it back. I am not sure what else he would have to pay or if indeed he could face a prison sentence? He is 65.
Mum does not want to be with him anymore for various reasons but he is threatening suicide if she leaves him (this is another issue and i am not asking about that, just giving you an overall picture).
I would really appreciate any advice as we really do not know what to do and are very worried.
Thank you for your advice.

Mandymull

very worrying. But as the man is your mum partner and whislt he did not pay for the upkeep of the house, what did his money he claimed fraudulently pay for? hope you get some good news for your mum.

Oldernotwiser

Why did he sign a document saying he wouldn't make any claims on your mother's property? This sounds pretty suspicious, I'm afraid.

mouseymousey99

I would strongly advise your Mum to go and see a solicitor. You will get lots of good advice on here, but this is one that (in my humble) you need to sort out quickly and properly. Sorry, probably not what you wanted to hear.

Aarons_mummy

I agree I think it would be better for your mum to speak to a solicitor to find out where she stands, it is something that needs to be correctly advised on which you might get here but a solicitor would be better.

wombles_forever

Has your mum been interviewed as well? Do they or have they had a joint claim for benefits or is your mum working?

To amass this amount of over-payments any fraudulent claims must have been ongoing for a long time.

I agree with the above your mum needs specialist advice on this and how it may affect her.

skintandscared_2

I think maybe a word with the solicitor at the CAB is a very good idea. Do your mum and this gentleman have any financial links whatsoever - eg a joint bank account? It may become complicated if, say, the benefit he was receiving went into a joint account that the mortgage came out of...

I once had an ex boyfriend live with me and it was my own flat. He used to often buy food and bits & pieces, but never contributed to the mortgage. I also made him sign a note saying he had no claim or beneficial interest in the property (but whether it would have stood up in court if the need ever arose I don't know!!!)

RAS

Oldernotwiser wrote: »

Why did he sign a document saying he wouldn't make any claims on your mother's property? This sounds pretty suspicious, I'm afraid.

It is usually recommened that when one person owns or has a mortgage on a house and another person who is not listed on the deed moves in that they sign a deed of trust agreeing that they will not claim any benefical interest from any money they contribute tio the household.

nannytone_2

Oldernotwiser wrote: »

Why did he sign a document saying he wouldn't make any claims on your mother's property? This sounds pretty suspicious, I'm afraid.

i've signed an affidavit, declaring that i have no claim on my partners property.
we did it to make things easier if something should happen to him.

it states that i should be allowed to live in the house for as long as i want, but that his children are to inherit it ( either when i die, or i decide i no longer want to live there)

it's just to ensure that i dont sell the house and have a good old time on the proceeds.
my partner has paid for the house ( not me) so his kids should benefit ( and not mine)

otherwise i could just sell up and give the money to my kids.

jana77

Thanks for the replies.
The reason he signed that document was because my mum was paying the mortgage and the bills etc and her solicitor advised that as he was not contributing he should sign this form (which sounds like the declaration of trust mentioned below) just to protect her.

Mum has not been interviewed, the fraud was to do with his disability allowance, nothing to do with any joint money (and they do not have a joint bank account). She has been working full time until recently. She has in no way benefited from the money, she is really struggling as he basically uses her as a free ride. It turns out that he spent all of the money on lottery tickets (£500 a month). We had no idea. This may seem unbelievable to some people but i can promise you my mum is the last person in the world to condone any kind of fraudulent behaviour. She is horrified.

I have advised her to go to the CAB but he is currently getting support from them so she is reluctant. I have been phoning some advice lines for her but no one seems able to help.

Thank you all again.

Mrs_Supersaver_1

Hi, sorry to hear of all the probs. You could try contacting your mums local council, someone there usually gives advice or can perhaps signpost you elsewhere.
Good luck.
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