Housing benefit interview under caution

merlin68

I doubt his even declared it to the tax man.

tomtontom

Caz3121 wrote: »

and it all went to OPs brother - I wonder when it comes to the repayment, the brother will return the money received from the OP (although he should have already paid tax on much of it)

I wonder if they will believe it went to the brother as rent, or as payment towards the OP's newly acquired share in the property? Strictly speaking liability for the overpayment would remain with the tenant, but if they prosecuted the OP (and that is a big if) they may pursue him as a party to the offence.

Morally I'm not sure if he should repay or not - in other circumstances a LL would not be expected to, and would be very unlikely to do so voluntarily.

dippy3103

sh0597 wrote: »

I would have thought it unlikely to be seen as fraud if there is little gain to be had.


Only a legal person would know.

The gain was 4 years HB - even if the gain was the o/p or their brother the offence is for himself or another.

Errata

Why would the brother accept ALL of the HB when he didn't own ALL of the house? Sounds like a fiddle going on by someone somewhere.

nannytone_2

even if the rent was fairly low, we're talking of an overpayment in the region of 20k.
i really cant see this being dealt with by a slap on the wrist

merlin68

I was under the impression that the whole house was in her name.

nannytone_2

the OP said their name was added to the deeds, not that the house was signed over

tomtom256

dodger1 wrote: »

Even if they see it as fraud, prison is still rare. Fraud or a mistake I'd imagine you'll still have to pay back all the HB received over the period, that's what I'd be concentrating on.

Majority of benefit cheats not prosecuted, official figures show

New figures show that 35,000 benefit cheats escaped prosecution last year, and the year before only five per cent of those convicted faced jail

http://www.telegraph.co.uk/news/uknews/law-and-order/10515091/Majority-of-benefit-cheats-not-prosecuted-official-figures-show.html

Thats because most fraud is below the prosecuation threshold and the person gest a caution or an administrative penalty.

Otherwise the courts would be full with benefit fraud cases.

merlin68

That wouldn't make any sense though as if brother still had his name on property, the sister in law would still have a claim to it.

Ames

OP, have you spoken to your brother about this? Is he aware of how it could affect him?