Being done for Benefit Fraud!!!

nonnatus

I'm afraid it's made VERY clear by the housing benefit people that Student loans and stuff are classed as an income, and therefore reduce the amount of benefit you are entitled to.
It's made VERY clear because it's a question that comes up repeatedly.
I agree that it's ridiculously unfair because the money is a loan which must be paid back, but that makes no difference to the benefits people.
If the OP had filled in the forms correctly, he couldn't have failed to declare his student loans! So, yes, he did claim fraudulently and will have to repay what he took.

jetplane

OP yes I would get profesional advice, law centre, CAB, welfare rights etc. If it's a solicitor it will need to be one specialising in social security law and if they do criminal law as well then even better. It may start with one department looking at one year but once they start looking then who knows what will follow.

If you were a full time student then you weren't entitled to Carers Allowance. DWP would have relied on your entitlement to Carers Allowance for you to be eligible for Income Support. (unless you have other reason). The LA probably relied on your Income Support as passporting you to Housing Benefit.

So it could be that non entitlement to one benefit stopped all benefits. That's before they have even looked at how your loans and grant income would have affected any benefits. Of course they can look at what you could have been entitled to.

The process will be long drawn out, the calculations will be a nightmare for the various departments to calculate. There will be technical arguments over what was actually declared over the years. I don't think you will go to prison but you may end up with a hefty overpayment or it may be written off depending on the evidence.

Hope you got a good job out of you uni study.

Elvisia

Take all your paperwork in with you, and go through it all very clearly beforehand, even write down all the dates so you know what is what. At the interview they're going to want to find out what has been going on, and the best idea obviously is to just say what money you've been paid from various sources, and let them do the maths. They'll want copies of everything, so take in as much as you can. Then they'll work out what your overpayment is, and you'll get a letter saying you owe xyz amount, and then you can contact them about how to make repayments so you're not put into poverty. Obviously no one can guarantee an outcome but I should imagine it'll be along those lines. You will literally have to think about the overpayment as being an interest free loan you had from them. You can either go to CAB beforehand, or see them afterwards when you know what's going on.

I had an overpayment, this was a mistake on the JC's behalf because I went on verbal guidance from them, but the CAB quite rightly said this was entirely unprovable, so I had to just say it was my mistake, and repay the overpayment. It was very stressful, dragged on for months as the JC lost all my paperwork and then threatened me for not sending it in (they already had 3 copies of everything!) but it has finally been sorted out. Although you should know the rules it can be easy to not think "actually I need to declare this" and just happily go on being paid money you shouldn't.

In the meeting they might leave a gap before they ask you the next question, so don't be too keen to fill it and waffle on about something that makes the situation worse!

Good luck, this will if nothing else give you experience on how to deal with difficult meetings in the future!

Sparklebabey

Was your Partner working for any of the period you were claiming benefits? Or was your claim a joint claim with her?

Notmyrealname

paulcornwall wrote: »

How you work out claiming fraudulently for at least 3 yrs, by my calculation its just over one year??
I was claiming housing benefit, income support and carers allowance.

Because you cannot do college and Uni in one year and you were claiming benefits throughout.

The fact where you did not notify the council and benefits agencies of any change in circumstances. A requirement which you signed that you understood when you completed the claim forms.

All three things you were claiming will be fully repayable for the time you were a student and defrauding taxpayers.

paulcornwall

13months = 1 yr college, +1 month at uni, not 4 years!!

Dunroamin

nonnatus wrote: »

I'm afraid it's made VERY clear by the housing benefit people that Student loans and stuff are classed as an income, and therefore reduce the amount of benefit you are entitled to.
It's made VERY clear because it's a question that comes up repeatedly.
I agree that it's ridiculously unfair because the money is a loan which must be paid back, but that makes no difference to the benefits people.
If the OP had filled in the forms correctly, he couldn't have failed to declare his student loans! So, yes, he did claim fraudulently and will have to repay what he took.

The majority of people don't repay all their loans and many pay back nothing at all.

Dunroamin

paulcornwall wrote: »

13months = 1 yr college, +1 month at uni, not 4 years!!

You did say you "finished uni" which many people would think meaqnt that you finished the whole course.

Did you have funding for the whole academic year 2010-2011?

johannalf88

Definitely get your self a solicitor, don't speak to anyone without getting a solicitor first.
Problem is ignorance of the law is not an excuse... you saying you didn't realise wont really cut it. But thats why you need a soliciter, to swing it the right way.
However, its very unlikely you will go to prison, but I do see a lot of benefit fraud cases get Community Service / probation.