In A Real Mess....Benefit Fraud

outofmymind

Hello,

My first post is going to be a long one.

I have been notified by both the council and the DWP that I am being investigated for benefit fraud.

I have been for an interview under caution with the DWP and they say the fraud relates to money that my father pays into my bank account to assist with my bills, including the shortfall in my rent. He is my guarantor so knows he has to top up my housing benefit payment. He pays this money into my account in three amounts every month, it covers shortfall in my rent, my phone and broadband package as well as money for food and utilities. The person at the DWP said this money should have been declared as it is income and my JSA would have been reduced by the amount he pays in. Therefore I would still be in the position of not being able to pay my bills.

The council are claiming that my housing benefit and council tax relief should have been reduced because over the last 6 months, up until March I had a friend staying with me as she was searching for a house to buy in my area. She had kept her own home and was still paying her council tax and utilities at that address. She paid me no rent and bought her own food, in fact I hardly ever saw her, all she really did was just use my spare room and my guest bed. The council are now saying she is living with me as she sold her property in May and moved in with me again temporarily a couple of weeks ago while her new build was being finished. They say my address is now her home, this is not the case as she has lots of paperwork etc showing the address of her new build.

I am at my wits end and feel there is no way out.

Anyone know what I can do or have any advice?

Thanks

Horseunderwater

What your Dad should have done re the bills was to pay the creditors direct without the money going into your bank account.
You need your friend to help you prove that she has not paid you rent or anything else, so a letter from her signed & dated might be enough. Did you take anyone with you to this IUC? If not then find a solicitor who specialises in benefit cases/law to help.

kaya

I cant remember where I read it but a relative or friend is allowed to gift you sums of money regularly to help you out and it shouldn't have any effect on your benefits whatsoever , it's a gift not re numeration for working or an income on savings , but they are bound to question any regular amounts going into your account. I'm sure somebody will be along soon who has some knowledge on this but I wouldn't worry about it as chances are the DWP employee doesn't know what they are on about

missapril75

kaya wrote: »

...chances are the DWP employee doesn't know what they are on about

Sorry, but while some DWP staff are inexperienced and poorly trained (badly paid as well, of course) you don't get to the level of conducting IUCs without knowing what you're doing.

Some payments may well be disregarded.
But the way the OP has described it, some of it at least does sound a bit like an allowance for normal living expenses and if that's the way it seems then that's the way it could be treated. Of course, they may well decide it should be disregarded now they have more information, including the source that may not have been clear previously.

As far as HB goes, someone staying temporarily makes no difference. But, as with all these things, there are definitions.

Last I knew was that temporary was defined as someone who has a home elsewhere that they would be returning to. That's not the same as someone staying until they find somewhere else.

But maybe that's changed or more flexible now.

Marshmallow82

outofmymind wrote: »

I have been for an interview under caution with the DWP and they say the fraud relates to money that my father pays into my bank account to assist with my bills, including the shortfall in my rent. He is my guarantor so knows he has to top up my housing benefit payment. He pays this money into my account in three amounts every month, it covers shortfall in my rent, my phone and broadband package as well as money for food and utilities. The person at the DWP said this money should have been declared as it is income and my JSA would have been reduced by the amount he pays in. Therefore I would still be in the position of not being able to pay my bills.

This is not fraud. Gifts are not income. Make it clear this money is a gift, it could be the way you worded it.

jlawrence

Marshmallow82 wrote: »

This is not fraud. Gifts are not income. Make it clear this money is a gift, it could be the way you worded it.

Hi Marshmallow, yes indeed it does make a difference on how you word/how you say things when it comes to the DWP. It also makes a difference if you have the money to pay for specialist legal help. I had a similar problem and through ignorance pleaded guilty years ago to benefit fraud. I assumed that the DWP had it right only to find out much later that self employed income should only be taken into account AFTER all reasonable trading expenses had been deducted. I accepted that the gross figure was the correct one to use. I received a criminal record out of my ignorance and lack of available money to pay for a specialist to represent me (I represented myself in Crown Court).

Housing_Benefit_Officer

Voluntary contributions are disregarded on full as income. There is no fraud.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/303774/dmgch28.pdf

28493 onwards

Housing_Benefit_Officer

Guidance notes on membership of a household.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/296119/dmgch22.pdf

Poppie68

Maybe payments going in 3 times every month looks like income..why wasn't there only 1 payment if the money was for bills etc? In regards to your friend staying for a few months they may well ask how some one on benefits managed without taking some rent etc to pay for the extra gas, elec etc. Also she is back with you now, maybe they don't believe she left...and at the moment your home is her only residence as she hasn't moved into her new property yet or eve there lived previous.

outofmymind

Poppie68 wrote: »

Maybe payments going in 3 times every month looks like income..why wasn't there only 1 payment if the money was for bills etc? In regards to your friend staying for a few months they may well ask how some one on benefits managed without taking some rent etc to pay for the extra gas, elec etc. Also she is back with you now, maybe they don't believe she left...and at the moment your home is her only residence as she hasn't moved into her new property yet or eve there lived previous.

Payments went in 3 times as it was down to my fathers new wife I was kicked out of the family home and he wanted to help me without her finding out to the extent he did. So the three payments meant that she would not be so suspicious.

No extra gas or electric to speak of. My friend literally comes back to sleep, she is out all day now sorting things out and before she was finding a new home.

outofmymind

Housing_Benefit_Officer wrote: »

Guidance notes on membership of a household.

Thank you so much for those