Customer compliance interview for undeclared benefits (I think)

marliepanda

He may well have been entitled to some but like with JSA having savings over 6k will have some affect.

Yasmin25_2

My partner is planning to go to our local CAB office (do you usually have to make an appointment btw or is it walk in served?) And see about free law centres/legal aid lawyers.

He wants this sorted out as soon as possible. He admits that he never realised he was actually committing fraud and never intended to because its not worth it as he is still poor, we're not living the high life in the slightest and as I said earlier, he's been in trouble before even though unrelated to fraud, he can't afford to get into trouble and doesn't want to be seen as a criminal for something he didn't intend to do but is willing to accept his actions turned out to be fraud whether he meant it or not. He hopes to avoid jail and court but knows court probably won't be optional.

I admire him for wanting to get everything straightened out and start up payment plans. Though I'm worried that this is a bad idea because he hasn't even had his IUC yet though ne receiving an appt with customer compliance and the mentioning of an ISA made him realise in fact he had been in the wrong and needs to deal with it.

Is this a good idea or not? Or should he wait until he hears anything back from the DWP/LA fraud squad?

I'm in two minds. I see how it would help, kinda see why it wouldn't.


What do you guys think?

Coraline

When he applied for housing / council tax benefits did he declare his savings on the form? Doesn't matter how much you have, it has to be declared, whether in bank accounts, investments, property, ISA, etc.

If he left that off the form it doesn't look good when he obviously had savings.

EmmaHerts

Of course he knew he was committing fraud. The forms ask about savings and investments- he lied and said he had none.

He also lied to you.

Not sure why you admire a liar.


Edit: Not judging you, just concerned for you.

Yasmin25_2

I am extremely angry that he didn't tell me about his ISA and that he has dragged me into this. If we weren't on benefits fair enough, I wouldn't be too bothered if I knew about it or not but now the fact we could both get into bother for this because of his ignorance and stupidity, I'm livid. I am starting uni next month, I don't want to end up with a criminal record or anything like that. Also I'm gonna be stressed enough with uni without having this hanging over me too.

Now I know that it won't just be JSA he'll have to pay back, and now also CT-HB, I'm even more worried. I'm becoming physically ill with all of this. I'm not eating, can barely sleep and always on the verge of crying or snapping. I get the urge to just run away and leave him but that won't help anything, I'll still be dragged into the enquiry whether I left him or not. Sorry for the depressing rant. I'm 21 and this has all just been sprung on me and I suffered from depression and anxiety before hand.

I don't admire that he kept it from me and that he committed fraud whether he meant to or not but I'm glad he is at least seeing what he done and willing to put it right though I agree it doesn't change what he done.

And no, I don't think he did declare his savings to the LA. Surprise, surprise

He's going to CAB tomorrow for advice and info though tbh I don't see what difference it will make. He'll have to wait until he gets an IUC before anything can really be done I'm assuming.

Yet again I apologise for the long winded posts, I haven't told any friends or family so this is the only chance I get to let my feelings out.

paulineb_2

Yasmin25 wrote: »

I am extremely angry that he didn't tell me about his ISA and that he has dragged me into this. If we weren't on benefits fair enough, I wouldn't be too bothered if I knew about it or not but now the fact we could both get into bother for this because of his ignorance and stupidity, I'm livid. I am starting uni next month, I don't want to end up with a criminal record or anything like that. Also I'm gonna be stressed enough with uni without having this hanging over me too.

Now I know that it won't just be JSA he'll have to pay back, and now also CT-HB, I'm even more worried. I'm becoming physically ill with all of this. I'm not eating, can barely sleep and always on the verge of crying or snapping. I get the urge to just run away and leave him but that won't help anything, I'll still be dragged into the enquiry whether I left him or not. Sorry for the depressing rant. I'm 21 and this has all just been sprung on me and I suffered from depression and anxiety before hand.

I don't admire that he kept it from me and that he committed fraud whether he meant to or not but I'm glad he is at least seeing what he done and willing to put it right though I agree it doesn't change what he done.

And no, I don't think he did declare his savings to the LA. Surprise, surprise

He's going to CAB tomorrow for advice and info though tbh I don't see what difference it will make. He'll have to wait until he gets an IUC before anything can really be done I'm assuming.

Yet again I apologise for the long winded posts, I haven't told any friends or family so this is the only chance I get to let my feelings out.

If he has to pay it back it will be deducted from benefits I believe.

I would think it very unlikely that you will get a criminal record because of this

Also, it takes a lot of money to take people to court for any kind of benefit fraud, I imagine that the investigators will go after people who have defrauded huge sums, what I mean is, yes Ive seen people receive a sentence for defrauding 50 or 60 thousand pounds plus, but how much money are we talking about here?

If it was over 16 000 pounds for a few days thats massively different to someone having 17 or 18 000 in the bank and claiming benefits for years. And its not going to be a massive overpayment is it? Its something that can be repaid.

You didnt know about any of this, how on earth can you be responsible and making yourself ill isnt going to help.

Youve gone for the interview, hes not denying anything and you'll just need to wait and see how things pan out, but if there are more interviews to come, please get some legal advice and take someone in with you, even if its only someone from CAB.

paulineb_2

Ah I see, you are the main claimant and you had to attend the interview

Youve told the truth about what you knew which is nothing, please get some advice from the CAB as soon as you can

And get it through to your bf that from now on, he has to come clean about everything.

Also in 2009 if you didnt have a joint claim, what he did or didnt declare isnt your issue, how can you be responsible for anything he did while he was claiming on his own?

Yasmin25_2

I don't exactly know how much the overpayment would be in total. Yeah for the week or 2 he went over £17,000 it'll be the full rate of JSA he'll pay back which is fine but he was on JSA from Aug 09 (started out he had no savings whatsoever) and got the savings in Jan 2010 and he stayed on JSA until Aug 2011. So there would be an overpayment for JSA from that time. He claimed HB-CT from Feb 2011-Aug 2011 and then got the student reduction for CT. His savings would have went down over all that time as he took out money for things to do with his flat and bills etc.

After college I moved in in May 2012 so from June 2012-Aug 2012 we both applied for JSA, HB, CT and he was the main claimant that year. He took out some money in June to tide us over until we got our JSA as we in overdraft thanks to bills and needed food etc.

This year we are on the same benefits as the yr before except I'm the main claimant (only because he was at college and I had to fill out the form that day) and his savings are at around £5700.

If that helps anyone come up with a rough overpayment price, please let me know.

He assumes that what he owes for CT-HB will be more than JSA and wants to go into his local council office and sit down and talk to them and offer either all of his savings or half and give half to whatever he owes to DWP and pay the rest weekly or monthly. I think that's a stupid idea even if he had a lawyer.

paulineb_2

I think if the DWP and housing benefit people do ask him to pay it back at a certain rate, that would be absolutely fine.

I dont know enough about it to advise how much has been overpaid, but Im sure the DWP will work it out along with the HB people in time.

I get housing benefit just now and I do have some savings but theyve never been above £6000.

You arent responsible for anything to do with his solo claims, if you werent claiming with him then, thats nothing to do with you, its only going to be not declaring his ISA thats the issue just now

I know it must be stressful but please try not to worry, I think its highly unlikely that they would prosecute for a few thousand tops if its as much as that, it would cost them more than that to go to court

You didnt know, Id also say, if you cant trust him, yes its an issue but please learn from that and maybe think carefully before making a joint benefit claim with anyone again.

MissMoneypenny

Yasmin25 wrote: »

He'll have to wait until he gets an IUC before anything can really be done I'm assuming.

Why would he have to wait for that? Surely it would be better for him to go there and own up rather than wait for them for them to find all this out, especailly as they are already on to what has happened and will keep digging?