Housing benefit fraud

somethingcorporate

Tied up in your mum's name for 7 years?

This looks bad if you ask me.

At the end of the day it looks exactly like you've given your mother the money - simple as that. I think the best you can hope for is a slap on the wrists and having to repay all the HB from the last 3 years.

I agree with the rest, the advice you've received from the sols sounds terrible - you need to come clean and be given the credit for holding your hands up. Attempting to conceal most of the money (even if they don't know about it) will look awfully like you're trying to be deceitful.

keithj1983

tomtom256 wrote: »

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?

Hello, at the time if the money had arrived after I went travelling I would have done exactly the same thing because I didnt realise or think about this issue at the time. I do have my bank statement which shows it going into my account and then my passport with a date stamp the day after as evidence as my travels, I just hope they see this as a viable explanation as to why I would transfer it, if I didnt go travelling I never would have transferred it. I do also have evidence of the house sale.

One of the issues is the money is still in my mums name because it is in an account that cannot be named transferred, also because I didnt realise we were doing anything wrong I didnt take the money out because there would have been a high charge.

45k is still in scottish widows tied up, 7.5 is in ISA still and 7.5 is still in the savings account, so the whole amount is still there. I think I can explain and evidence the 45k and ISA as they have not been used but my mum regulary used the savings account but always managed to remain the balance at some point.

keithj1983

moneybuster wrote: »

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.

Hi moneybuster, Im hoping you are not right because this is what I am most worried about. If this is the outcome I will have to take it on the chin and pay the money back but its a genuine mistake and the bill could be about 30k. I would be easy to accept if we had knowingly done something on purpose. I just hope the evidence and the fact all the money remains shows that it was never my mums money

Morglin

StormyWeather wrote: »

What alerted the council to this money. I didn't think they randomly accessed claimants bank accounts. Has someone reported her?

The banks report to the Revenue, who, in turn 'talk' via their systems to the DWP, who in turn, notify the council if you are on HB etc.,

Certain things flag up.

I know this isn't the case here, but that is why it is pointless to try and keep quiet about money in UK accounts, if you are claiming means tested benefits.

Lin

keithj1983

somethingcorporate wrote: »

Tied up in your mum's name for 7 years?

This looks bad if you ask me.

At the end of the day it looks exactly like you've given your mother the money - simple as that. I think the best you can hope for is a slap on the wrists and having to repay all the HB from the last 3 years.

I agree with the rest, the advice you've received from the sols sounds terrible - you need to come clean and be given the credit for holding your hands up. Attempting to conceal most of the money (even if they don't know about it) will look awfully like you're trying to be deceitful.

The 45k is tied up in my mums name. The council say they only know about the other accounts which add up to less than the 16k allowed to receive HB. The letter from the council says the capital does not exceed the allowed amount but the issue is failing to disclose other bank accounts.

My mums opinion is dont tell them about the 45k and hope she just gets done for what they say they know. Her reason for this is because she feels if we openly admit to the other amount we will lose anyway so why not just go along with that.

keithj1983

Can I ask peoples honest response to this question and please dont think we are trying to get away with something because this is genuinely a mistake on my behalf transferring the money to my mum.

I know the right thing to do would be to be completely honest about the situation and declare how much I gave to my mum originally (60K).

The council have told us in writing they know about 2 other accounts which total less than 16k and she is under investigation only for not disclosing these accounts (not how much she has).

I cant be sure if the council are bluffing and they already know more.

My solicitor advised not to disclose the 45k to the council if they do not know about it.

I fear by being honest and after reading everyones replies to my problem that if I tell them about the extra 45k they will see it as some kind of gift or my mums money and I will have to pay back all the HB anyway

If we did not disclose it as advised there is a chance that we may get away with a smaller penalty/fine etc

On the other hand if we did not disclose it and they did know about it then I would still have to pay all the HB back but it would look like fraud and rather embarrassing.

Im at such a loss as to what to do?

stevemLS

For what it's worth my view is that if you fail to disclose it and either they already know about it or it subsequently comes to light your mum will not only have to repay the benefit but in all probability will face prosecution for fraud.

It would be presented that there had been an investigation and a continued attempt to conceal what they will claim to be your mother's money would only tend to increase what the council will see as culpability.

Mojisola

stevemLS wrote: »

For what it's worth my view is that if you fail to disclose it and either they already know about it or it subsequently comes to light your mum will not only have to repay the benefit but in all probability will face prosecution for fraud.

It would be presented that there had been an investigation and a continued attempt to conceal what they will claim to be your mother's money would only tend to increase what the council will see as culpability.

This was my thinking - I can't understand why a solicitor would advise concealing the other money.

I would also expect a "catch-all" question such as "Is there anything else you need to tell us about" to be asked at the interview.

Alter_ego

Out of interest, why was the 45k tied up in your mum's name? surely it would have been just as easy to tie it up in your name. It would not have been vulnerable to card fraud or similar when you were traveling.
I presume that you were traveling somewhere that phones, internet etc. are not available.
Am I reading correctly that all the money is STILL in mother's name?
Maybe the investigator will be in a generous mood.

Poppie68

I have been following your thread and have maintained my own thought since the start....be honest.
Come clean about all the money there is a chance they already now about it and concealing it could have more serious consequences.
Provide proof of the money trail from the point of the house sale.