Customer compliance interview for undeclared benefits (I think)

pauletruth

trust me your not going to be going to court over it. the worst that will happen is they will want there money back. its hard to believe that you have been living with him for a while and you did not know about this spare cash.

that is your problem the benefit folks will find it hard to as well. just be honest dont lie they will spot it.

pauletruth

just wait any early offer makes you look guilty.

Yasmin25_2

His dad has his own business and I knew he gave him some money from time to time, so I put two and two together and came up with 5 rather than 4. Now I do feel stupid for thinking either his dad gave him money or he just saved up for years.

So I shouldn't end up in court? That is a relief. Do you think he will end up going to court?

benefitbaby

midnight_express wrote: »

For the joint claim you could get both get done for fraud. You can go to prison for benefit fraud. The money will have to be repaid. Do you know how much is owed ? The larger the overpayment the more likely they are prosecute.

It is highly unlikley that the OP would be prosecuted for benefit fraud, I say this for two reasons:
1. The boyfriend did not have capital significantly over £6k during the joint claim (DWP do not prosecute for overpayments of less than £2k), and
2. The OP would have had to deliberately and dishonestly misrepresented their position - if she didn't know about the capital then she cannot have acted deliberately (no knowledge - no intent)

The boyfriend's prior single JSA claim, well now that is another matter and he ought to seek advice.

Yasmin25_2

I don't even have a rough idea on what he would maybe have to payback if he is found guilty for the 2 yrs he was on JSA.

Should he seek legal advice before he gets any letters through for an interview with caution or anything? Would that work in his favour?

pauletruth

not really. the best route is to admit he messed up that he never intended to cheat them. dont see how a lawyer is going to help after all they caught him. it may never reach that state. really stop worrying wait and see and be honest.

do yourself a favour dont mention the shares they were gone before you claimed for him. KISS is really the best way forward.

Yasmin25_2

Thanks and you are right, I do need to stop myself from worrying so much. That isn't going to help anything.

Thanks to everyone for taking the time to reply. Very much appreciated.

Yasmin25_2

Sorry forgot to add, he received HB and CT both when he was under the £16,000 limit for benefits so would he have to pay back an overpayment for them or was he fully entitled to the full payment of both? I don't know if what you are entitled to with HB and CT is reduced if you have high savings (still under £16000 though of course) like JSA? Sorry if that sounds like a silly question. I don't really know how a lot of these benefits work.As you probably guessed, he never declared them because he is an idiot even though he was under the limit.

marliepanda

The limit isn't £16,000 its £6,000. Anything under £6,000 is ok. Anything over £16,000 means no means tested benefits.

Inbetween £6k and £16k is a sliding scale so he won't have been entitled to full HB and CT. People are expected to use those savings to pay their housing and council tax costs, so chances are the overpayment is gonna be bigger than you first thought...

Yasmin25_2

Really? According to the HB entitlement calculator I tried online it said he was eligable for HB up until £16,000 :O we are in Scotland, maybe its different in England? Or maybe I'm using the calculator wrong