If the council make a mistake

rogerblack

sistafromanothermista wrote: »

that earnings increased contrary to section 11a (1a) of the social security administration act 1992.'

Also another letter that says 12a

In principle, these offences carry a maximum penalty of up to several months in prison, if they are dealt with in the magistrates court.

It is vital to work out if she would have been entitled to any benefits, if her income had been correctly reported.

This is as if she got 4K, but was entitled to nothing - then the court may treat it as 'fraud' of 4K.
However, if she got 4K, but was entitled to 3K, the sentence should reflect this greatly reduced amount.

sistafromanothermista

Definitely still entitled as she only works max of 20 hrs a week @ 7ph. (she's a care worker so this varies if someone goes into hospital or passes away her 'round' will be short so less hours)

skintandscared_2

Okay. One other thought. Is your sister's condition recognised - i.e. does she take any anti-depressant meds or attend any therapy sessions? When I first met my OH he had two outstanding parking tickets which he had just ignored, and ignored all the correspondence. By the time he moved in with me, they were ready to send bailiffs round to his parents' house. I contacted them, explained his condition and sent a copy of his most recent prescription/therapists report. I explained his condition prevented him from being able to deal with correspondence and he signed the letter I wrote to confirm that he gave me authority to deal with it on his behalf. I offered a monthly payment by standing order and in both cases they accepted my payment offer and cancelled all additional charges. After 2 years, both debts were gone. Might be worth a try?

sistafromanothermista

She has been in therapy as she was prescribed anti depressants, beta blockers, tranquilisers etc but as she suffers from anxiety was too anxious to take them as she believed she would die.

The doctor sent her for therapy to try and get these irrational thoughts out of her head. She also believed she had a nut allergy (she doesn't) and dairy intolerance (she hasn't) and went for a long time barely eating anything as she thought her throat would constrict and she's die.

This is what we're dealing with.

It's bought on by stress and i'm really worried she's about to enter another period of this irrational behaviour she told me tonight she feels it's creeping up on her again.

She's booking a docs apt on Thursday...

sistafromanothermista

What's the likely hood she will get a criminal record? As she works as a carer this means she will also lose her job any help much appreciated.

sistafromanothermista

Totally shameless

Morlock

McKneff wrote: »

Sorry, but they dont take yu to court for overpayment.
They ask for it back, they are entitled to it back even if they have made a mistake.

That is incorrect, if an official error is made and it is reasonable to assume that the beneficiary had no knowledge of the error, repayment cannot be enforced.

Housing Benefit Regulations 2006

Recoverable overpayments100.—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable
.
(2) Subject to paragraph (4) this paragraph applies to an overpayment caused by an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.

(3) In paragraph (2), “overpayment caused by official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—
(a)the relevant authority;
(b)an officer or person acting for that authority;
(c)an officer of—
(i)the Department for Work and Pensions; or
(ii)Revenue and Customs,
acting as such; or
(d)a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty’s Revenue and Customs,
where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

(4) Where in consequence of an official error, a person has been awarded rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision took place, shall be recoverable.

http://www.legislation.gov.uk/uksi/2006/213/regulation/100/made

sistafromanothermista

Right, went to welfare help place with her today.
Saw lady who deals with debt who says she is entitled to legal aid

Had to see someone else who deals with benefits who was very rude indeed !!
He did ask whether she had appealed the decision (as in amount owing) when she said 'i didn't know i could' he had a right old moan about how this has made things worse and lots of sighing was involved..

He also said the likelyhood of a criminal record is high due to the fact she has only now thought to source legal advice :eek:
At this point (ad quite frankly sick of his tone of voice) i pointed out that the letter was only recieved 14 days ago and we had to wait that long for an apt with them!
Anyhow she has an apt with solicitor in the morning.

Just 1 question (for now anyway) the lady in the solicitors office said that it depend on the 'nature of the offence' as to whether legal aid is granted!:eek: Does anyone know if fraud is included or excluded?

johnsons_baby

No advice, just hope it goes well tomorrow

sistafromanothermista

Thanks, so do i