try to prove benefit fraud

searching2000

Hi. My situation is just unbearable at the moment and I am just after any advice possible. To cut a very long story short, my ex partner who I lived with for 2.5 years about 5 years ago with my then baby daughter, has been recently investigated by the CSA for benefit fraud. It turns out that she was claiming income support for the whole time I was living with her. Before you ask I absolutely didn't know and this has come as a shock to me. It's even more of a shock as to get her self off the fraud charge she has lied and said that I never lived there at all. The CSA only accept utility bills, rent agreements and the electoral role as proof of address, even though I've got loan agreements and ironically a form sent from the CSA to my work where my work faxed it back confirming my address, this is not good enough proof. I have now been left with years worth of back payments to the CSA which I don't owe, only because of her claims. She has recently now been interviewed by the fraud agency and I think has got off the charge again, although I just don't know how. We had separate bank accounts and I would just give her cash for the rent and pay the bills and food with cash. I had no idea what was in her account. She had a part time job, so any extra money I just wasn't aware of. My concern now is that because she has been interviewed under caution she has turned it back on me and is threatening to sue for defamation. I've saught advice about this and it's very unlikely that she will suceed, however what I'm worried about now is that she's somehow implicated me in the fraudulant claims. I know that this would only be possible if she'd been found guilty, but I am innocent. How would I prove this or is it up to the fraud agency to prove I knew and how would they prove. I am just so scared that again her lies are doing to destroy my life. My wife is now suffering from depression and I just can't cope with it anymore. We have no money to fight this either. Please help.

searching2000

Sorry just wanted to add that we split up back in Aug 03 and it's only come to light now.

Cute_'n'_Quirky

First of all you need to get yourself to the CAB asap and get them involved - they can provide legal advice for you free of charge.

Then they can sort out your side of the problem for you.

Just a word about defamation - your ex partner will not get legal aid for any claim for defamation so is therefore unlikely to proceed - it is only an empty threat.

Where the fraud is concerned it is she who signed the forms so it is she who will suffer the consequences. She committed the fraud, not you.

Hope all goes well.

kelloggs36

If you have evidence that you were living there and can prove it there is nothing stopping you from giving this evidence and making a statment to Income Support yourself. If they had closed the investigation because of lack of evidence, they could re-open it again with new evidence. If this was successful it would invalidate the CSA case as they only have jurisdiction when there is a non-resident parent - if her claim for income support as a single parent were proved fraudulent then it would automatically impact the CSA case.

hazelbunny

Were you not on the electoral roll for this address. If you were I would have thought this would be acceptted as proof of residence. Also if you had passports of driving license etc registered to this address.

kelloggs36

Electoral roll in itself doesn't prove that you actually live there which is why the CSA don't accept it - there are many cases where the CSA have some info that a person lives at an address but it wouldn't stand up in Court - it has to be a CONFIDENT address. The other issue is that if a person is on benefits then the CSA have to rely on the benefits being correct. As long as they are in payment then this is deemed to be the case. It is up to the Benefits Agency to sort the claim out if fraud is suspected - once this has been done then the OP can go back to the CSA who should be able to contact the Benefits Agency and confirm that the claim was closed and from what date so that they can then amend their records. I would personally provide the Benefits Agency with the evidence that I were living there if I were the OP with such documents as you suggest plus others to back up the case - even a letter from my GP to show where i was registered etc. This should be put to the PWC during an IUC and then sent for a decision. If that decision is still that there was not enough evidence then there won't be anything that can be done as far as the CSA is concerned.

searching2000

There is no proof at all. Wasn't on the electoral role, wasn't on the rent agreement, utility bills and that is the ONLY evidence they will accept. I even called them yesterday to see if P60 or tax records would serve as proof but they don't. Interesting that in this day and age with big brother you can live with someone for 3 years and not be able to prove it at all. I also have no bank statements dating back that far and the bank only provide old statements with your current address on. The dentist and doctors don't have old records, driving licence don't there is nothing. I think I will just have to swallow the bitter pill for a monthly direct debit to the CSA for her fraud and pray that Karma is my only hope

Cute_'n'_Quirky

Toots I agree.

It is illegal for someone not to be on the electoral roll. It is proof that is where you live.

Go to the CAB. This can be sorted out.

skintas_2

if you where giving her money thats not allowed too, undeclared income!

milkydrink

skintas wrote: »

if you where giving her money thats not allowed too, undeclared income!

What rubbish!
Do I have to tell the taxman when hubby hands me over the shopping money on a Friday evening:rotfl: :rotfl:

TheWaltons_3

Hi

First off, I would like to say that I am sorry for your new Wife who is innocent in this situation, and probably has her own bitter pills to swallow regarding the Ex.

Bank statements can be provided for 6 years previously, so if you were registered there at your Exes address, you CAN retrieve old Bank statements for the sum of £10 and you will receive them in 30 days by Law. Check out the Reclaiming Bank Charges thread also - you need to send a letter to the Data Controller at your bank enclosing the cheque for £10.

If you have trouble finding these details, PM me and I will happily oblige.

It is disgusting that you lived there for 3 years and can't prove it, however, surely you must have been suspecting something that you weren't on any agreement? The fact that she was claiming as a Single parent and you were living their unkowingly might not go down well with the DSS.