Housing benefit fraud

keithj1983

elmer wrote: »

All councils do data matching with various other organisations, and any anomalies are then investigated.
Your mothers Isa will have shown up on an HMRC list, but be aware that the other sum of money will eventually come to the councils attention as well, so its probably better if you tell the whole story now.

elmer

I feel that this is the right thing to do, It would be easier for me to accept and take the penalty but its my mum who is going to have to go through it all. Her biggest concern is prosecution because of her job, she works with old people so has a CRB check every year. In regards to the other money I have decided to own up to everything because otherwise nothing adds up and i hope they believe me.

StormyWeather_2

I agree with nannytone. A specialist would be a good idea.

I think the interview will be an interview under caution, maybe the solicitor could go with you.

keithj1983

liam8282 wrote: »

Ignorance is no defence.

When your mother applied for housing benefit, she will have had to fill in various forms, sign various papers, all confirming that she had declared all bank accounts, savings, etc at that time.

If there was any confusion about what to declare and what money belonged to which person, it should have been brought up at that time.

IMO, the money has been knowingly undeclared, because if the money was declared, the benefit simply would have not been received.

Also, I am pretty sure where fraud is concerned, the council will have the right to contact your bank directly and ask for information on any bank accounts your mother holds, and the banks will provide them with the information.

It won't help if you are still trying to hide anything from or deceive the council, if they later find out you have been witholding information.

I agree about telling them about all accounts even if they dont know about them at this stage because its the right thing to do and as ive said previously I can evidence why these things happened its just whether they believe it. Initially when my mum recieved HB and completed the forms she only had one account and the forms were all completed correct, I came into the money after and then she opened the accounts while i was away. Neither of us thought about informing the council.

keithj1983

StormyWeather wrote: »

I agree with nannytone. A specialist would be a good idea.

I think the interview will be an interview under caution, maybe the solicitor could go with you.

I have a solicitor from Duncan Lewis who are supposed to be specialist in this area, Ive already paid £600 to tell them the situation and they will come to the meeting on Thursday, its the advice they gave about not disclosing the 45K that concerned me, if its the truth why not tell the truth?
I have tried to call her back but I cant get hold of her to advise this is what i think we should do

StormyWeather_2

Contact the CAB tomorrow and ask for details of solicitors that specialise in benefits.

If it is an inteview under caution, your mum has the legal right to a solicitor present. I believe they can speak on her behalf during the interview.

Sorry, x-posted.

I honestly don't think you're getting the best advice.

lld01

You need to be as open and honest with them as possible, declare everything.

You have received extremely poor advice - they can and will find out about the £45k and it will look a whole lot worse further down the line if it is not declared now.

KiKi

OP

If you show them them paper trail as proof, they will be able to see that £60k went to her account. They will then see that £45k went out and will be able to trace it.

If you provide evidence for the whole scenario, you cannot avoid telling them about the £45k, as it will be obvious it was in her account and now isn't. Regardless of any of it, they can request statements from her bank and find out anyway. You have to tell them the truth and hope they believe you.

KiKi

tomtom256

Just out of interest what would have happened if you received the money after you started travelling?

Awfully convienient to receive it the day before you went!

Presumably you have paperwork from the sale of the property minus fee's and any outstanding mortgages that totals upto the sum you received? If so take this and get your mum to explain the circumstances.

I would advise the investigtors of your defence before the interview as they may want to question you regarding the money as a witness and it will muddy it if you sit in on your mum's interview.

Alternatively write a pre-prepared statement of the facts as posted in this board. provide proof of your travels etc and that the money was transferred back into your name as soon as you returned to the country, with a witness statement from yourself stating its your money and go from there.

On a side note, has she spent or transferred any of the moeny from any of accounts whilst you were travelling?

moneybuster

The thing is and the only thing that matters to the council is the evidence they have collected, if you tell them everything this is how it will translate to them, as far as they are concerned you sold a house and made 60K great good one not a problem, you then gave some of it/all of it, to your mum in her name, it can only and will only be seen as a gift and therefore hers, the bank will tell them it belongs to her not you any arrangement you had with your mum has backfired on her, I suggest you pay whats owed out of your 60K and try to start again.

Ky-An

I dealt with a lady whose brother bought a house in her name and she was done for fraud. Basically her brother has to sell the house so she can repay benefits. She said she did her brother a favour. Unfortunately people do favours for families and it's them who suffer. Worst scenario is you will have to repay any overpayment on behalf of your mom.