Is this Legal Aid Fraud?

blue_monkey_2

I have posted elsewhere, am not sure that is the right board now so thought I would ask here.

I know someone who, in June this year, claimed legal aid saying she was living at a different address to the one she actually lives at. I'll call this address A. She has MH issues and her family encouraged her to seek a divorce. Which she did (although they were the ones claiming to be her but we will not go through that here!!) and claimed legal aid to say she was living at address A.

She was actually living at address B with her husband and family, living as a couple, and living on his money as though they were a couple and his money is way too much to claim Legal Aid.

She moved herself to Address A for a brief period this Month, but is now back at Address B and is expecting her husband to pay her day to day living costs, mortgage, bills, etc... which he has to still do as there is no agreement as of yet.

However, she is still claiming Legal Aid as living at address A.

Rather bizarrely the solicitor has given her a letter saying she is entitled to live at address B as there is no court order to say otherwise. These solicitor expenses are being paid with Legal Aid.

She moved out, no-one told her to go, the court have awarded her husband custody of the children.

So solicitor is also in the full knowledge that she does not live at address A, that she parts owns address B and is currently living there - but the claim is still going ahead via address A and her being on her own.

This is fraud isn't it?

jojo_2012_2

If they're separated then technically any money he's giving to her could be called child maintenance. So her income is zero. You can't argue that she should be paying her legal costs out of his income because it's him she's divorcing it would be absurd.

I can't see the purpose of this other property. How is she paying or it? If it's through Housing Benefit then it's benefit fraud if she's not living there.

When it comes to deciding who gets to live in the house it wont look very good for her if she already has another address. She would be better off getting rid of the 2nd address. She'd still get the legal aid anyway.

blue_monkey_2

No, not separated technically yet

She is living in their owned house (address with her husband and children still. He has custody of the children and he has to support her because, technically, they are still a couple, Maintenance from him is not an issue, as he has the children it will more likely be her that has to give it to him.

Address A is that of a family member. No rent is paid, she is not living there. She is using address A so she gets legal aid. She still lives at address B and has done from the day she signed the Legal Aid form. Her husband supports her financially still as he has no choice but to.

She cannot say she is living elsewhere when she is not, can she?

[Deleted User]

any solicitor would have to be pretty certain that someone was 100% entitled to legal aid otherwise he might never get paid
Op if you thinks its legal aid what do you intend to do?or do you like many expect us to make a decision for you?

blue_monkey_2

I bet I could roll into a solicitor, say i was living at my mums and did not work and get legal aid!! Reality is much different though.

If I find out that it is fraud then I'll report it. Which is why I asked 'is this fraud'. Is it?

Errata

FGS how many more threads are you going to start about this? You've had plenty of responses on your other thread.

suelees1

These are the LSC financial eligibility rules we legal aid providers MUST abide by. Make of it what you will.

http://eligibilitycalculator.justice.gov.uk/ecalc/guidance.asp

As for using a different address it might simply be that this person doesn't want mail from the solicitor going to the house where her husband lives.

jojo_2012_2

It makes no difference if they're under the same roof or not. They are seperated. They are getting a divorce. If he is giving her money to live on then more fool him. She will be entitled to legal aid because she isn't earning a wage.

hayton2k3

blue_monkey wrote: »

I bet I could roll into a solicitor, say i was living at my mums and did not work and get legal aid!! Reality is much different though.

If I find out that it is fraud then I'll report it. Which is why I asked 'is this fraud'. Is it?

Trying to get one over on your wife? I bet it's your wife and not "Someone you know" If it was someone you know then i doubt they would tell you anything. You either are her husband or you listen to tittle tattle.