Lied in court about being unable to work.

harveybobbles

Please move this thread if in wrong place.

Went to court last week to watch someone getting sentenced:

They got a pathetic 18 week jail term suspended for 2 years and a lovely ankle braclet for 6 months.

However, prior to being prosecuted, the defendants solicitor said that they would be unable to do community service as they are in reciept of ESA and DLA and unable to work due to ill health.

Hence the suspended sentence and 6 months with an ankle bracelet.

Anyway, after a bit of research a few people have found out this person has been working Monday to Friday for quite a few years in a local shop.

Just wondering if this could be dragged thru the courts again as this case is close to my heart.

spacey2012

Bringing the judiciary in to disrepute is contempt of court, which you can be jailed for.
What is done in the court room is final, move on towards the future .

schrodie

Given that someone is allowed to work and claim DLA as DLA is not not an out of work benefit but ESA is a bit more complicated if this "miscarriage of justice" irks you then you could resort to advising the DWP of his "employment status" and leave it to them to figure out if he's defrauding the taxpayer.

Call the Benefits Fraud Hotline.

markmarkmark

If you have some details of the name, address, shop etc, surely the first thing to do is phone the DWP and inform them? If they collect some evidence they can prosecute another case of benefit fraud.

rogerblack

In some cases, they may be allowed to do permitted work.
It is possible, for example, that they are in the support group of ESA, and earning less than £95/week - in which case this will be quite acceptable - as long as the reason for them claiming ESA remains.

ESA is _NOT_ granted because you are able, or unable to work.
It's granted because you meet one or more of the descriptors for ESA, or because being found fit for work would damage your health.

For example, if they have problems with incontinence, that could be one reason.

If, of course however the work in the shop is inconsistent with the ESA and DLA awards - then that may be relevant, and him not keeping ESA or DLA up to date with his condition could amount to benefit fraud, which could in severe cases amount to an imprisonable offence - with subsequent prosecution for recovery of assets that would enable the authorities to do things they usually cannot - such as sale of his only house.

jacques_chirac

Permitted work does not seem applicable if the OP is correct - the individual has been working 'Monday to Friday for quite a few years'.

OP, this is the link you need:

https://www.gov.uk/report-benefit-fraud

rogerblack

jacques_chirac wrote: »

Permitted work does not seem applicable if the OP is correct - the individual has been working 'Monday to Friday for quite a few years'.

OP, this is the link you need:

https://www.gov.uk/report-benefit-fraud

Permitted work can be done without the 52 week limit in some cases.
In addition, if they've just been doing an hour a day - for example - that wouldn't preclude it.

If they've been working 40 hour weeks, then yes, the ESA claim would in almost all circumstances not be supportable legally.

oldboy64

markmarkmark wrote: »

If you have some details of the name, address, shop etc, surely the first thing to do is phone the DWP and inform them? If they collect some evidence they can prosecute another case of benefit fraud.

I do wonder sometimes why people become so uptight about what others do.

Did any of your ancestors live in France during the days of the Revolution? Maybe they had a front row seat at the guillotine watching the heads roll and giving up a big cheer.

I would suggest that everybody should get on with their own lives and not be too concerned about everyone else.

magpiecottage

You can't drag it through the courts - but you could point it out to the local rag!

markmarkmark

oldboy64 wrote: »

I would suggest that everybody should get on with their own lives and not be too concerned about everyone else.

Strange that you are here commenting on other people all the time instead of getting on with your own life then, Andy.

rogerblack

magpiecottage wrote: »

You can't drag it through the courts - but you could point it out to the local rag!

I would never, ever, ever, ever report someone I thought was committing benefit fraud to the papers.
For the very simple reason that the papers do not have all the facts, nor any significant knowledge of the rules of benefits, and they may pursue a story in the absence of significant facts.

If you have serious concerns - report to the DWP.
Please however be careful and accurate in what you report.

For example - in the OPs case - 'he works there Mon-Fri' - is this in fact true, or does it mean you see him when you go in at 10AM most tuesdays and thursdays, and you've made an assumption.
What is he actually doing - sitting in a chair next to the door greeting customers, or lifting heavy boxes.