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benefits overpayment
fulmar
Posts: 7 Forumite
I am distant friend of a lady50ish who just been in jail for 3yrs.
She was in receipt of DLA prior to prison.She is not good at handling money so I try to help.I was her prison visitor and I provided the transport for her release on license.
whilst in prison she was set up with a benefits cash card account but could not access it. During the journey home she rang the account phone no. and asked for a balance. The reply floored her. It was many thousands.Believe me she will quickly spend it.
Question is:: We assumed notifying the benefits people would be done automatically by the prison staff,as DLA not eligible here,but she still got payment credit notes addressed to her at the prison address,so thought it was all legal.
I personally also notified the job centre at start of sentence as I had to return a cheque they had sent to her house and I told them she was in prison.I still have the receipt for this.
I have a moral dilemma.If I don't report it she will go deeper into dept if later payment is reclaimed,but if I do report it they put a stop on the account then I will as they say grassed on her,even if its to save her.What to do??Damned if I do and damned if I don't.
She was in receipt of DLA prior to prison.She is not good at handling money so I try to help.I was her prison visitor and I provided the transport for her release on license.
whilst in prison she was set up with a benefits cash card account but could not access it. During the journey home she rang the account phone no. and asked for a balance. The reply floored her. It was many thousands.Believe me she will quickly spend it.
Question is:: We assumed notifying the benefits people would be done automatically by the prison staff,as DLA not eligible here,but she still got payment credit notes addressed to her at the prison address,so thought it was all legal.
I personally also notified the job centre at start of sentence as I had to return a cheque they had sent to her house and I told them she was in prison.I still have the receipt for this.
I have a moral dilemma.If I don't report it she will go deeper into dept if later payment is reclaimed,but if I do report it they put a stop on the account then I will as they say grassed on her,even if its to save her.What to do??Damned if I do and damned if I don't.
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Comments
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Lol... ...0
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Ideally she should tell them herself. Is there any chance that she would agree to do so?
Perhaps point out to her that if she were to be accused of benefit fraud that might cause issues with her licence - particularly if she was imprisoned as a result of any offences involving dishonesty.
If not, the you would probably be doing her a favour to tell them now, so that the money can be clawed back now, while she has it, rather than at a later stage when she hasn't. AndAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
It sounds like you are far more personally involved than a prison visitor should be.
I suggest that you point her in the direction of NACRO
http://www.nacro.org.uk/what-we-do/resettlement-advice-service/support-for-individuals/
or some other professional help, and disentangle yourself from this situation.
From your own POV I suggest you contact NAOPV as it seems that you could do with further training...
http://www.naopv.com/I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
-deeper into dept?
deeper into department?
which department?0 -
Sounds like someone will be going back to prison!0
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Thanks folks. Predicament is now sorted. Seems to be an admin mess-up, at another place. Blame the computers,they cant do rational thought,only what is triggered into them.0
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