HB problems. Need lots of support please.

dibdabable

Have to say a friend of mine has within the last 10 days or so been taken to court over Benefit Fraud, a similar cae to yours in that he didn't tell them when his situation changed, he owed in the end £42,000!!!
His sentence was 270 hours of community service and he was able to keep his job etc, repayments are being deducted at a very manageable rate too. So as your debts won't be likely to be more than this from what you've said, i think it's highly unlikely you'll get a jail sentence.Also although the claim is in your husbands name, there is a signature required at the bottom of the claim page, so I think that would be taken into account too.It's adeclaration of what's been written in the form.

[Deleted User]

dibdabable wrote: »

Have to say a friend of mine has within the last 10 days or so been taken to court over Benefit Fraud, a similar cae to yours in that he didn't tell them when his situation changed, he owed in the end £42,000!!!
His sentence was 270 hours of community service and he was able to keep his job etc, repayments are being deducted at a very manageable rate too. So as your debts won't be likely to be more than this from what you've said, i think it's highly unlikely you'll get a jail sentence.Also although the claim is in your husbands name, there is a signature required at the bottom of the claim page, so I think that would be taken into account too.It's adeclaration of what's been written in the form.

Interesting. What community service your friend sentenced to do?

Housing_Benefit_Officer

Very unlikely you will end up in prison - here are some cases from last month and their results. It is very very rare for someone to be jailed - normally only when the amounts are very large. If you robbed a bank and carried away a few hundred pounds you would be jailed - but steal £25k in benefits and get a suspended sentence and some community service:-

Amount overpaid - £100k - jailed

http://www.expressandstar.com/news/2014/03/31/horse-owner-is-jailed-for-100k-benefit-fraud/

£100k - facing jail

http://www.southwales-eveningpost.co.uk/100-000-benefit-fraud-couple-try-hide-identities/story-20879583-detail/story.html

£27k - 5 month suspended sentence

http://www.southwalesargus.co.uk/news/gwentnews/11109901.Chepstow_woman_s___27k_benefit_fraud/

£19k - 6 month suspended sentence

http://www.hulldailymail.co.uk/Mark-Levantiz-19k-benefits-fraud-Hull-Crown-Court/story-20891170-detail/story.html

£25k - 6 month suspended sentence

http://www.mirfieldreporter.co.uk/news/local/gomersal-couple-s-25k-benefit-fraud-scam-1-6527589

£27k - 2 month and 3 and half month suspended sentences

http://www.birminghammail.co.uk/news/midlands-news/birmingham-mum-daughter-27000-benefits-6900426

£15k - 3 month suspended sentence

http://www.echo-news.co.uk/news/local_news/11111114.Man_guilty_of___15_000_benefit_fraud/

£1,200 - two-year conditional discharge

http://nantwich-news.co.uk/wordpress/2014/03/03/audlem-man-found-guilty-of-1200-housing-benefit-fraud/

£60k - 15 months prison

http://www.rochdaleonline.co.uk/news-features/2/news-headlines/85795/tracy-walker-jailed-for-60k-benefit-fraud

£25k - 12 month community order

http://www.dailymail.co.uk/news/article-2591813/Ex-Ukip-councillor-wife-avoid-jail-scamming-25-000-benefit-fraud.html

£3k - 60 hours unpaid work

http://www.thesaxon.org/sandbach-benefits-cheat-repay-nearly-3000/

£25k - 3 year conditional discharge

http://www.falmouthpacket.co.uk/news/11050074.Woman_admits___24_786_benefit_fraud/?ref=rss

£76k - 18 months suspended sentence

http://www.24dash.com/news/housing/2014-03-03-gmtv-housing-benefit-swindler-spared-jail#.UzqrqPldWHg

£25k - 18 week suspended sentence

£26k - 16 week suspended sentence

http://www.elmbridgeguardian.co.uk/news/11047288.Two_suspended_prison_sentences_for_West_Molesey_benefits_cheats/

£2k - £180 fine

http://www.portsmouth.co.uk/news/local/benefit-fraudster-is-fined-180-for-seven-years-of-false-claims-1-5965798

£16k - 10 week suspended sentence

£17k - 30 month conditional discharge

http://www.crawleynews.co.uk/Crawley-benefit-cheats-told-pay-16-000-lying/story-20853838-detail/story.html

£25k - 32 weeks’ imprisonment suspended for two years with a two-year supervision order, along with a curfew for six weeks from 7pm to 7am.

http://www.crewechronicle.co.uk/news/crewe-south-cheshire-news/elizabeth-giblin-davenport-avenue-crewe-6879556

Some Councils will prosecute for fraud of a few thousand - all fraud should be prosecuted irrespective of the amount stolen.

dippy3103

If the claim is in your husbands name it's likely they will look to interview him first. You almost certainly won't be allowed to be in his interview as you are connected to the investigation.

dippy3103

Deleted_User wrote: »

Interesting. What community service your friend sentenced to do?

It'll be unpaid work for the community of the probation services choosing.

Below is a link to the CPS guidance on prosecuting benefit fraud. It also has a summary of the sentencing guidelines. These would be the starting points.

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/obtaining_benefit_fraud/

Though I think you are jumping the gun a bit.

[Deleted User]

I am super busy with my course work (finally I can get on with it a bit after lifting that weight from my shoulders), but from Sat afternoon I will come back and read all the helpful info you guys posted above. Thanks.

BTW: haven't had a reply from my email yet.

SandraScarlett

Deleted_User wrote: »

I am super busy with my course work (finally I can get on with it a bit after lifting that weight from my shoulders), but from Sat afternoon I will come back and read all the helpful info you guys posted above. Thanks.

BTW: haven't had a reply from my email yet.[/QUOTE]

But you only wrote to them yesterday! Perhaps they too are super busy? And I really can't understand why you don't "feel comfortable" about putting your figures on here.


How can people help properly unless they know the full picture?


xx

Ruby_woo

Now you can put figures on now you have told them everything. X

[Deleted User]

Hi
After my last post I have heard from them finally.
They asked for a lot of paperwork and we gave them all except my H's last payslip (because he lost it). We decided to send what we had and send the payslip afterwards once we found it, and have been looking for it everywhere.
So they wrote to us saying that if we did not send all the documents they asked they would cancel the claim.
Two days later they send another letter saying that the claim has been cancelled and we may apply again because we may be entitled still.
I have a copy of H's P60 he got from his work and I am going to send it tomorrow, but not sure what is the point?

I have just been on 'entitled to' website and apparently we are still entitled to some HB and CTC (which is £0 at the moment) but tbh I would rather leave with less money and not be submitted to all this hassle.

They still haven't mentioned any overpayment though....are they still working it out or is it finally over?

dippy3103

If you havn't yet submitted the p60 they won't have calculated the overpayment yet.