Court orders for council housing benefits

boneofo

Under what circumstances do councils get court orders to obtain evidence such as salary, bank details etc in relation to housing benefits ?
Is it with civil action or only for criminal action (fraud).
How much does it cost the council to get each one ? How much does a company charge typically charge to comply with one ?
How many years back do reclaiming of overpayments go ?

mynameistallulah

For what reason do you require this information?

cattie

No limit on back payments is one question I can answer and to get a court order for bank records etc. this would happen if they suspect any kind of fraud or deception.

If DWP payments are involved, then they don't need court orders to check you out, they have the right to gain access to any information they require if fraud is suspected.

real1314

boneofo wrote: »

Under what circumstances do councils get court orders to obtain evidence such as salary, bank details etc in relation to housing benefits ?

They don't often need to. HMRC have details of accounts via the tax declarations. They can establish the value of holdings from the tax paid on the interest.

Is it with civil action or only for criminal action (fraud).

Benefit fraud is a criminal offence.

How much does it cost the council to get each one ?
See above. They don't often need it.
How much does a company charge typically charge to comply with one ?
How many years back do reclaiming of overpayments go ?
As far as can be established.

Once a council/DWP have linked accounts to a customer they can estimate likely balance based on tax payments, they can then apply a balance of probability decision to entitlement and readily disallow claims based on this. If the claimant has evidence to the contrary, they would have to provide this to counter-act any decision. :cool:

Arg

cattie wrote:

If DWP payments are involved, then they don't need court orders to check you out, they have the right to gain access to any information they require if fraud is suspected.

How do they decide if it's fraud or is it a case of them acting on a whim like the councils snooping on peoples bins.

mynameistallulah wrote: »

For what reason do you require this information?

For what reason do you ask this question?

ceecee1

How do they decide its fraud?? not quite sure what you are getting at but the basic idea is, to become entitled to benefit a person is 'on trust' to declare their true circumstances. They sign a declaration on the claim form that all the information given is true and complete and that they face prosecution if is found to be incorrect...or if circumstances change and they are not reported.

If information is then obtained which suggests that the amount of benefit in payment is not correct then evidence is gathered to prove one way or the other whether or not something has not been declared at the outset of the claim or if a change in circumstances has not been reported.

Reports of suspected fraud are obtained in many ways, including proactive drives in high risk industries...so I suppose you could say that they were acting on a whim. However, that whim is based on past cases where people have been found to be working cash in hand.

I am not aware that the snooping in bins technique has produced any great success in proving false benefit claims.

If you would like to explain further what you are trying to find out then people might be able to help you with fuller answers.

mynameistallulah

Arg wrote: »

How do they decide if it's fraud or is it a case of them acting on a whim like the councils snooping on peoples bins.

For what reason do you ask this question?

For what reason do you ask this question?

Emmzi

I think we all know why the OP is asking, and the reality is, an assessment will be made of the likelihood lies have been told and the amount that has been overpaid. If very likely or very substantial then it will be pursued to the full extent of the law.

Generally it is better to confess than make them prosecute, they go easier.

Arg

ceecee1 wrote: »

How do they decide its fraud?? not quite sure what you are getting at but the basic idea is, to become entitled to benefit a person is 'on trust' to declare their true circumstances. They sign a declaration on the claim form that all the information given is true and complete and that they face prosecution if is found to be incorrect...or if circumstances change and they are not reported.

If information is then obtained which suggests that the amount of benefit in payment is not correct then evidence is gathered to prove one way or the other whether or not something has not been declared at the outset of the claim or if a change in circumstances has not been reported.

Reports of suspected fraud are obtained in many ways, including proactive drives in high risk industries...so I suppose you could say that they were acting on a whim. However, that whim is based on past cases where people have been found to be working cash in hand.

I am not aware that the snooping in bins technique has produced any great success in proving false benefit claims.

If you would like to explain further what you are trying to find out then people might be able to help you with fuller answers.

To put it another way how much information can the DWP collect and what safeguards are there to stop misuse.

The councils in bins comment was related to them misusing laws to snoop on the public.
http://www.telegraph.co.uk/news/uknews/2446314/Local-authorities-launched-10000-snooping-operations-last-year.html

cattie

Arg wrote: »

How do they decide if it's fraud or is it a case of them acting on a whim like the councils snooping on peoples bins.

If you don't want to be snooped on as you put it, then don't claim benefits. Taxpayers want what you call snooping to be carried out to ensure our hard earned money is being given away to people who are deceptive and have no right to a claim.

sundays

DWP and Hb investigators have there own powers to obtain financial information and you will not be made aware of that and they will go back as long as possible, and if they suspect you are in collusion with someone else those powers can be used to look at all manner of financial transactions such as employers, bank statements, HR records, etc etc.