Benefit fraud interview under caution

Housing_Benefit_Officer

sunnyone wrote: »

On every single thread like this we get the magic myth "twice a week".

There is no twice a week rule, its rubbish, whether you live together as man and wife is based on a wide range of circumstances and not whether you bunk up two nights a week.

I am happily married and we have often gone weeks or longer without shareing a bed or on good contracts we got one or one and a bit night(s) together but that didnt mean that we were single.

The letter from his parents wont carry much weight, most parents would supply this if their kids asked for it.

You are correct. Nowhere in legislation does it say you can have a partner residing with you 2 nights per week.

I recently had a successful prosecution (£40k + in HB/CTB/IS/Tax Credits) where the claimant said because her partner worked away during the week and only spent the weekend at her home then she was fully justified in claiming benefits. She was adamant such rules existed - they don't. It was very very easy to prove LTAHAW.

If someone is in the merchant navy they could be away for a year at a time or in the army or on an oil rig. People who mistakenly use this as a defence are admitting they have a partner living with them.

Mclark_2

superbigal36 wrote: »

Ignoring the interview, have you now informed all the relevant authorities of your change of circumstances ?
Don't wait for the interview to do that.

Yes I have informed everyone including care commission to get him a crb check and also landlord and agency! Anyone have any thoughts on what this kind of situation can have as an outcome? I am really really struggling with this

pmlindyloo

Mclark wrote: »

Yes I have informed everyone including care commission to get him a crb check and also landlord and agency! Anyone have any thoughts on what this kind of situation can have as an outcome? I am really really struggling with this

I know you are struggling but to be honest no-one is going to be able to answer your question. It will be up to the decision maker.

Possible outcomes.

1. They will find that what you did in making a single claim was correct.
2. They will find that you should have been claiming as a couple.

Looking at scenario 2 you will be asked to

1) pay back the entire amount of tax credits that you received as a single claim (there are repayment plans - google for the kind of things they might put in place)

2) They will ask you to pay it back but will apply 'offsetting notional entitlement- - that is they will deduct the amount that you would have received if you made a joint claim. This is not done if the claimant was deliberately dishonest.

Link for you:

http://www.turn2us.org.uk/about_us/e-bulletin/july_2012/offsetting_tax_credit_overpaym.aspx

There is no point in worrying yourself sick. What will be will be.
In the circumstances you describe the worst possible scenario will be paying the money back. They will not expect you to go hungry to do this

tomtom256

Not sure if it's been covered, can't see it anywhere.

Are you married to you're partner?

Mclark_2

No we are not married

tomtom256

From what you have posted alone, I believe that a decison maker will find you living as as couple for benefit purposes. This would be on probability, then depending on the evidence held could help to prove the case beyond reasonable doubt.

The evidence of you're partner using you're home address just in this topic is not good.

The investigators will have other evidence putting him at the address, whether that be credit applications he has made, employer information, bank statements, surviellance, possible statements off neighbours, insurance policies etc.

Just state the facts as you see them and explain the situation in how it was, not how it now is with him back in the property.

Mclark_2

And what could happen if they see it like this? Could i be done for fraud? Even if they see I genuinely didn't think I was doing wrong?

FluffyDuck3

Mclark wrote: »

And what could happen if they see it like this? Could i be done for fraud? Even if they see I genuinely didn't think I was doing wrong?

Apart from the mortgage application and the joint account, are there any other financial links?

Mclark_2

No not atal!

northerntwo1

Mclark wrote: »

No not atal!

Didnt you say his car insurance is registered to your address?

What would they think if they had you under surveillance, would it show him staying there (car there am and overnight).

It could be that they never did check and its purely the joint account but there is also the possibility that they have done a deeper investigation. Until you go then you don't know exactly why they are investigating you.

It's possible that your neighbours reported you and took photos for example. I don't think anyone can help until you know what prompted the investigation.