I think I am going to jail.

Stupid2015

I am not a newbie, but I have created a new one to post this - as I am a coward and deeply ashamed of myself.

I am going to be brutally honest here, and I deserve every piece of abuse I will no doubt get.

I have been claiming tax credits - fraudulently. Today I was caught, and had a letter from concentrix asking about my employment for 14/15 period. I have a gut feeling the housing benefit people have reported me. I will explain below.

I had a job (starting 2010) where I worked 24 hours a week. In June 2014, I dropped my hours from 24 - 12. I have a significant mental health illnesses (Bipolar II, Anxiety (Inclu. Social Anxiety), and Depression). I am currently on Prozac at the moment, and soon will be on mood stabilizers. I am under a Psychiatrist, Community Health Team & CPN. In addition, I have to have 2 weekly GP reviews.

I endured a lot of bullying in my old work place, as I whistle-blown abuse. I was experiencing high mania moods to low where I could not get out of bed. I was just literally out of control. My hours went from 24, to 12. So, I should not of been getting WTC or child care element (despite me paying for child care)... I left November 14, over an argument over toast.. A resident asked for toast in the morning, I got told to F OFF by a night manager, an argument erupted - I left. I was applying for jobs since that day, and I was promised a job in Dec - that fell through. I promised a job in Jan, that fell through. I still kept claiming WTC only at £73 per week.
I eventually was offered a job in Feb 15. 40 hours a week, £15000. I told them straight away, tax credits said phone us when you actually start on the day.

My first CRB got lost.. I re sent one off in March this yr. I phoned earlier for an update, and was told it will be arriving in 2 weeks time. I phoned my employer, and they said as soon as I have my CRB (DBS it's called now) I can start straight away. I phoned tax credits and explained that I am still waiting for my job to start 4 weeks ago, and I expect my CRB to arrive in June, do I need to change to IS? They said a change over takes 5 weeks. So, probably be best to stay on WTC.
I claim Child Care Element now (I have got 1 payment) as I needed to secure my childs place in the only 24 hr registered child minder
that is local... I am due to start my job in 2 weeks time, which is 40 hour week, and £15000 a yr.
Child care until September is £889 a month.. and will be £230 a month when she starts school in Sep.

I estimate it is between 3000. I know I should of phoned but I just genuinely thought there would be no point as I will get a job Dec, I'll start the second job offer Jan.. . and when I was offered the job in Feb, I thought I would start month after, then month came and so on.. I officially DO start in 2 weeks time so no point changing over to Income Support.

My mental judgement was impaired.. I was on low dose of anti depressant which did not do anything for me since starting the Prozac (40mg) I am coping better. At times I am hitting the low period moods.. but I just want to work..
believe me this was no fianicial gain I was using my money to pay my rent (no housing benefit) council tax and food.. i was not fully functioning, and looking back I should of been sectioned.

I am sorry this post seems a bit all over the place, but I am pacing up and down thinking I am going to jail, I am going to have a criminal record, maybe I deserve it but to see my little girl in care, and loose her - I would rather kill myself.
I got caught by Housing Benefit as I put in a claim and they wanted 2 bank statements which showed working tax credits. I explained I was waiting for work. I do have a job, just waiting for work. I do start in 2 weeks time (which has been confirmed this morning)

This has triggered me, I know it is my fault entirely but thoughts are rushing through my mind, and googling tax credit fraud has made me physically sick. I will be getting a jail sentence and I can't cope with that. Should I phone concentrix today and explain??? Do I send of my P45, with my job offer/contract of my new job that I start in 2 weeks, with the date Feb 15.

What do I do??

You can call me all the names I know I have been very stupid.. I am literally shaking, sick, pulling my hair, crying.. everything.. I am stupid.. but I assure you it wasn't for greed. It was out of stupidity.

stevemLS

Well, if everything is as you say, in my opinion you have little risk of going to prison and may not even face prosecution.

I think the essential facts in your post, if I have understood it correctly is that until June 2014 you properly claimed WTC with the childcare element. No housing benefit and no other benefits.

In June last year, your working hours fell so that you were no longer entitled to claim.

You remain ineligible until about two weeks from now, so a wrongful claim period of about 12 months.

You have significant mental illness although from what you say about the treatment, it is unclear how serious you might be. When were these various conditions diagnosed if you are only now being prescribed mood stabilisers?

This has led, you estimate, to an overpayment of c£3k.

Many factors are considered in deciding to bring a prosecution.

In your case, mitigating against would be the relatively low value of the overpayment, the relatively brief duration of the wrongful claim and your mental illness.

It would be an aggravating factor if you had actively lied to HMRC to continue the claim. So if you did your renewal during that 12 month period and failed to tell them about change in circs.

Overall though, I wouldn't bank on them prosecuting you and even if they did the change of the magistrates imposing a custodial sentence is, in my view remote.

You will have to repay it though.

It will now proceed at its own sweet pace, try not to worry about it too much and look forward to your new job.

usefulmale

I think it may be best if you can get some kind of advocate to speak to HMRC and/or Concentrix on your behalf.

Speak to your psychiatrist or Community Health Team first and see if they can point you in the right direction.

Try not to worry too much. You will probably feel better now you have started to get it off your chest.

densol_2

I defended for 10 years and prosecuted for 12 - I'm now retired albeit through an accident at work. If you have no previous convictions then as the above poster has more than aptly said - its unlikely to be a prosecution - but its DEFINITELY not a jail sentence ! I'll stake my 22 years qualification on that. Its a worry ( I have paralysing anxiety and depression so I know worry ) so thats why Ive said the above in such bold terms. NO JAIL ! There Ive said it again !

Stupid2015

What do I do though? Do I phone and explain now?? Would I be interviewed under caution or do they work out what I owe and deduct?

Stupid2015

If I have any form of criminal record I will loose my job!! I have worked ten years in care. I am soon to be applying for medicine in 2 years (doing a levels part time) I would not get in with a criminal conviction. I am thinking of applying for a £3k loan and paying it off.

missbiggles1

If your "mental judgement" was this impaired by being on a low does of Prozac, I doubt that a career in medicine is a realistic aim.

Stupid2015

I have met many consultants that have mental health issues I also have met many drs in wheelchairs and have physical illnesses. It is against the law to discriminate against disability. If you have nothing to say other then my original question then don't say it - as I don't need it at the moment!

SJI85

Stupid2015 wrote: »

I have met many consultants that have mental health issues I also have met many drs in wheelchairs and have physical illnesses. It is against the law to discriminate against disability. If you have nothing to say other then my original question then don't say it - as I don't need it at the moment!

Yes, it is, but then no one said anything about discrimination.


There are a number of exemptions to the Equality Act (e.g. people with epilepsy might not be able to become pilots). A person needs to be fit enough so that they can carry out a job competently, even if reasonable adjustments are required. A doctor cannot put their patient at risk.


So while it is true that a medical school cannot reject someone "just because" they have a condition, a person with a chronic condition may be deemed unfit for the course (or the job) by Occupational Health. Doesn't happen to most disabled applicants, as usually support and adjustments can be made, but it can happen.


Still as mentioned this is something for Occupaional Health to determine, not anyone of this board, and is some years down the line.

Stupid2015

Does it matter really?? I had a significant relapse last year. I was cleared by occy health for my new job now. You are just pin pricking at things. I don't need this at the moment. I just need to know if I will go to jail.

Stupid2015

Right, ok, thanks