Housing benefit interview under caution

Errata

Sg1431 wrote: »

When my account changes from 2011 onwards it was bank transfer but I can't remember how I did I previous to that when I banked elsewhere that might cause an issue I may be called back for an interview again when I provide those.
I have a feeling they still may prosecute as the amount is big but the fact that I didn't keep any of the money should work in my favour I hope

If you own half a property you've been paying HB rent to yourself and handing it over to your brother.

FBaby

Also, the only way you would have been entitled to HB in the first place is if your relationship with your brother in regards to the property was the same than with an unrelated landlord. That involved a lot more than paying rent. Can you imagine a normal landlord coming to a normal tenant to say that he is worried his wife might cause trouble and therefore intends on putting the tenants on the deeds? A normal landlord is entitled to give notice in line with the contract signed, as much as a tenant can take the landlord to court in they break the terms of the tenancy. What you have done made your tenancy contrived from the start.

I'm sorry but I think you are totally deluding yourself if you think that all will be ok. They might not be making threads, but that doesn't mean that they can't easily prove that what you have done constitute fraud.

Housing_Benefit_Officer

This is fraud. There will be an overpayment. It will be upto the Council to decide the next course of action. The only thing the O/P is doing is trying to get advice on the most plausible defence. Get a good solicitor.

Housing_Benefit_Officer

Housing_Benefit_Officer wrote: »

This is fraud. There will be an overpayment. It will be upto the Council to decide the next course of action. The only thing the O/P is doing is trying to get advice on the most plausible defence. Get a good solicitor.

...I should add that you have stated you are still claiming and receiving Housing Benefit despite now knowing you are not entitled. You are now knowingly claiming and receiving Housing Benefit when you know you shouldn't. This won't look good if they decide to prosecute. Before you could claim ignorance - now you are knowingly fraudulently receiving Housing Benefit. Why haven't you cancelled your claim instead of still receive it?

Sg1431

I have when I went to my interview before I left I told them that as I suffer from high depression and anxiety since this has happened I have struggled to cope with the kids so I am spending at lot of time at my parents so therefore can they cancel the claims from the date of the letter for when I realised what was happening

Poppie68

If you are just a tenant as you claim and not now paying rent your brother as a landlord has to evict you as per your tenancy agreement just as he would any other tenant. I suspect though the housing benefit office will see this as a contrived tenancy and they may go after the entire amount of benefit paid.... You have got yourself in a real mess..You need a good solicitor who is competent in benefit law.

Housing_Benefit_Officer

Poppie68 wrote: »

If you are just a tenant as you claim and not now paying rent your brother as a landlord has to evict you as per your tenancy agreement just as he would any other tenant. I suspect though the housing benefit office will see this as a contrived tenancy and they may go after the entire amount of benefit paid.... You have got yourself in a real mess..You need a good solicitor who is competent in benefit law.

How can she be evicted from the house she jointly owns? The tenancy agreement is probably void once she became a joint owner of the property she previously rented.

Poppie68

I know that...maybe a silly post..I will hang my head in stupidity...

Housing_Benefit_Officer

Poppie68 wrote: »

I know that...maybe a silly post..I will hang my head in stupidity...

The brother appears to have created a complete legal quagmire by adding his sisters name to the deeds of the property.

Poppie68

There is certainly a lot more to the story but the HB investigators will get get to the bottom of it. I know one thing though I don't believe one word of the reasoning of the deeds... things don't add .