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Benefit fraud - do i need a lawyer?

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  • System
    System Posts: 178,426 Community Admin
    10,000 Posts Photogenic Name Dropper
    Zorz wrote: »
    Absolutely not.

    In the eyes of the law, a person has done something illegal if they have been convicted of said crime. Being charged for a crime means that the relevant authorities have reason to believe that that person allegedly committed a crime and they are asking a court of law to decide on the matter. Until that person is convicted, then for all intents and purposes is innocent until proven otherwise.

    Well the law has become stricter towards benefit fraud because a lot of people have abused the system. And many people are working and siging on the dole claim job seekers allowance.or working and claiming benefits,which is illegal.

    When you claim income support the rules of what you must tell the DSS regarding changes in your circumstances you get on with your letter are clearly written down.

    If you do any paid work or start work you must tell the DWP.

    If your savings get to £5,500 you must let the DWP know so that they can check that your savings are not going over £6000. Although your income support is not cut until your savings reach £6000.So if you have savings under £6000 your income support. is not cut.

    And if your savings are over £6000 they take £1 for every £250 over £6000 but if your savings get to £16000 they stop all of your income support and housing benefit and council tax benefit..

    But when your savings fall below £16000 you income support,housing and council tax benefit benefit is reinstated.

    And if your savings fall below £6000 all of your full benefits,income support and others are reinstated at the full amount again.

    You must also tell the DWP if you move in with a partner or get married. As income support then stops. And so do some other benefits unless your husband or wife or partner is claiming benefit for you. That is if you are both not working or unable to work.

    If you live alone you must also tell the DWP if a friend or a relative comes to live with you in your household.As if you get severe disability premium in your income support. That is stopped if someone comes to live with you.

    These are some of the changes that you must tell them about. But if you are not sure about what changes effect your benefits.For example if you are thinking of doing something.For example, taking out a loan or insurance policy or you may be getting an inheritance.You should ask the DWP if this will effect your benefits before you do it.It does not effect your benefits as long as your savings do not go over £6000.

    The rule is if you are thinking of doing something that might effect your benefit-ask the DWP if this is allowed first and if so,how will it effect your benefits.That way you have covered yourself and you know what to expect if the changes in your circumstances take place.So in short follow the benefit rules and you will not be breaking the law.

    So if the OP was working and claiming benefit or had savings over £6000 and not told them. And so was over paid in benefits,he has broken the law. As it is fraud. And that is why he is being taken to court. Barbara.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • annbarbs wrote: »
    Well the law has become stricter towards benefit fraud because a lot of people have abused the system. And many people are working and siging on the dole claim job seekers allowance.or working and claiming benefits,which is illegal.

    When you claim income support the rules of what you must tell the DSS regarding changes in your circumstances you get on with your letter are clearly written down.

    If you do any paid work or start work you must tell the DWP.

    If your savings get to £5,500 you must let the DWP know so that they can check that your savings are not going over £6000. Although your income support is not cut until your savings reach £6000.So if you have savings under £6000 your income support. is not cut.

    And if your savings are over £6000 they take £1 for every £250 over £6000 but if your savings get to £16000 they stop all of your income support and housing benefit and council tax benefit..

    But when your savings fall below £16000 you income support,housing and council tax benefit benefit is reinstated.

    And if your savings fall below £6000 all of your full benefits,income support and others are reinstated at the full amount again.

    You must also tell the DWP if you move in with a partner or get married. As income support then stops. And so do some other benefits unless your husband or wife or partner is claiming benefit for you. That is if you are both not working or unable to work.

    If you live alone you must also tell the DWP if a friend or a relative comes to live with you in your household.As if you get severe disability premium in your income support. That is stopped if someone comes to live with you.

    These are some of the changes that you must tell them about. But if you are not sure about what changes effect your benefits.For example if you are thinking of doing something.For example, taking out a loan or insurance policy or you may be getting an inheritance.You should ask the DWP if this will effect your benefits before you do it.It does not effect your benefits as long as your savings do not go over £6000.

    The rule is if you are thinking of doing something that might effect your benefit-ask the DWP if this is allowed first and if so,how will it effect your benefits.That way you have covered yourself and you know what to expect if the changes in your circumstances take place.So in short follow the benefit rules and you will not be breaking the law.

    So if the OP was working and claiming benefit or had savings over £6000 and not told them. And so was over paid in benefits,he has broken the law. As it is fraud. And that is why he is being taken to court. Barbara.
    The DWP told my son when claiming a benefit that they wanted to see bank books/statements and proof of savings at £4000 not £5500. I assume that is a blanket figure and not individual.
    Wow, I got 3 *, when did that happen :j:T:p
    It is not illegal to open another persons mail unless you intend to commit fraud - this is frequently incorrectly posted:)
    I live in my head - I find it's safer there:p
  • System
    System Posts: 178,426 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 21 January 2012 at 2:18AM
    The DWP told my son when claiming a benefit that they wanted to see bank books/statements and proof of savings at £4000 not £5500. I assume that is a blanket figure and not individual.

    It is normal for the DWP to ask you to show them proof of your savings when applying for or claiming benefit. And if they ask you to show your savings, you must cooperate with them. And show them any savings,bonds,debit cards,cash cards, or bank or building society books that you have.

    Because if you refuse to do this they can reject your claim for benefit, or stop any existing benefits you are getting. So if they ask you to show them proof of your savings. You have no choice,you have to show them.

    The reason why they do this, is to check that you are telling the truth. That you have under £6000 in savings.

    A lot of people think that if you just don't tell the DWP about your savings in the bank account they cannot find out about them.

    But this is not true. As the DWP has a legal right to check the banks. And the bank has a legal obligation to tell the DWP about any customer who has savings if the DWP ask them.

    So if you have got any savings in the bank,even if it is a bank you have not told them about,they can check up on you and find out about it.

    So the rule is-

    If you have got savings in the bank do not lie to the DWP about it. Tell them the truth. As it says on your claim forms and letters,that you can be prosecuted for giving false information to the DWP.

    But remember,you are entitled to benefits if you have savings. As long as they are not over £6000,then your benefit is cut by £1 for every £250 over £6000. And not over £16000,then your benefit is stopped altogether. Barbara.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Yogibear
    Yogibear Posts: 459 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    the person involved in this should go to an Advise Shop,I am on anti-depressants a hell of a lot more than the male/female and do all the money at home online banking,people think if they give money to their friends and children they think they can ` fiddle` the system if I knew of this I would report them,I have worked since 14 and cant get anything because of means testing the capital is set too low a benefit cap £26000 what about us and our pension of £7000
    please do not pick on me for my grammar,I left school at fifteen and worked in the building trade for 55years ,

    Chalk and slate csc:D
  • Yogibear wrote: »
    the person involved in this should go to an Advise Shop,I am on anti-depressants a hell of a lot more than the male/female and do all the money at home online banking,people think if they give money to their friends and children they think they can ` fiddle` the system if I knew of this I would report them,I have worked since 14 and cant get anything because of means testing the capital is set too low a benefit cap £26000 what about us and our pension of £7000

    If you are unable to claim pension credit or housing benefit on a pension income of 7k then you must have a lot of savings?
  • System
    System Posts: 178,426 Community Admin
    10,000 Posts Photogenic Name Dropper
    If you follow the benefit rules and law then you won't get taken to court.

    The best rule is if you think a change in your circumstances might effect your benefit or you want to do something-ask the DSS if it is allowed first. And also ask what change will there be in my benefits?

    That way you have covered yourself and you won't unknowingly break the rules. In other words be honest about everything with the DSS. Barbara.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • daveys_2
    daveys_2 Posts: 108 Forumite
    I'm guessing that your court date is coming up soon OP. Let us know what advise you get, and how you got on
  • x4xy
    x4xy Posts: 31 Forumite
    Tenth Anniversary Combo Breaker
    I have been to court today. I have started another thread today which continues this topic. The new trhead is called BENEFIT FRAUD - DO I NEED A LAWYER PART 2
  • Mara69
    Mara69 Posts: 1,409 Forumite
    x4xy wrote: »
    I have been to court today. I have started another thread today which continues this topic. The new trhead is called BENEFIT FRAUD - DO I NEED A LAWYER PART 2

    Where?.........
  • gamby111
    gamby111 Posts: 20 Forumite
    wondering if some one can help me answer this question.
    i had to go to court for housing benifit fraud £9000 for forging letters.Basically they are saying that i did not work from 2007-2011 but i was a self employed cleaner working 16hours at 97.00 per week but as the people would not sign my letters to take into the housing benifet dept i wrote and signed them my self as they were all cash payments and they would not sign anything and housing siad if i didnt not bring letters in signd from the people who i worked for my housing benifet would stop.The judge said you are entitled to housing benifit from 2007-2011 but i was silly to sign the forms and fined me 400.00 no im trying to get the council to recalculate all my benefits form thoise dates and they say they do not have to do this.My solicitor has wrote them a letter detailing the courts descision but there saying i have to pay it back.Im stuck as i do not know which way to turn could any1 help please.
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