Benefit fraud advice

dboughtwood

Hi there,

Have partner and two Young kids 5-2 and I started full time work in December and didn't tell them till March due to many reasons. Basically my partner has been in and out of hospital since just before started work so have had to have quite some time off to help her and look after kids as she can't live or drive. We were also attacked at our daughters school and police were involved but not one person wanted to give statement due to being Afraid for their kids safety. We have our oldest one in process of changing schools, I ve been diagnosed with steer and depression due to having all the pressures on me and obviously financially we are worse off as I m only on ssp.
My partner went for her interview under caution and we are in process of borrowing money from parents to pay back the over payment of council tax of £356. She told them everything that has happened and I just worry so much that we are going to jail or getting criminal record and just want people's advice please.

Thank you

Deb__123

Best bet is to be 100% honest, as soon as possible with everyone concerned. buring your head in the sand and waiting longer is only going to make any consequences worse!

The are far more likely to be reasonable and come to some arrangement for any over payment if YOU speak to them without them having to chase you down.. (which costs them money and means you could end up with the bailiff at the door bright and early one morning.. )

So ring and speak to who you need to and do it today. (hugs)

BJV

You did what you thought was right at the time. We all make mistakes. At least you are being honest about it all now and that can make a big difference. You need to call / go and speak to someone. If you are honest and open as the previous post said they are much more likely to be reasonable and reach an agreement that is workable for you both.

dboughtwood

Partner has been in for interview and she explained as will I next Tuesday I just don't want to get criminal record and prison or court ideally but understand it is benefit fraud as we should of informed them sooner but I have admitted it was my fault and mistake and will do again Tuesday and by then the over payment plus more will be paid off Monday afternoon. Annoying thing is they are letting me go of that job as no need for me as of August 3rd

tomtontom

How much is your overpayment, is it just the council tax or are other benefits involved? They're not going to prosecute over £300, they may over (for example) £3000.

Why do people call fraud a mistake, or is it only that when you get found out?

missbiggles1

tomtontom wrote: »

How much is your overpayment, is it just the council tax or are other benefits involved? They're not going to prosecute over £300, they may over (for example) £3000.

Why do people call fraud a mistake, or is it only that when you get found out?

That's the mistake!;)

rogerblack

What the DWP/council may call fraud can be a mistake.
Fraud requires an element of intent to be fraud.

Being convicted of benefit fraud requires you to be found guilty of having that intent - doesn't mean you had it.

If the OPs 'did not tell' was intentional at the time - then yes, it's clearly fraud, but if it was 'did not tell as my life was chaotic and I was not coping' - the intent may not be there.

Housing_Benefit_Officer

Here is what you can expect by committing fraud:-

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/obtaining_benefit_fraud/

konark

If what you have told us is the truth (the whole truth and nothing blah blah) you will be very unlikely to be prosecuted, even if you are you will get a fine or a slap on the wrist. These Government agencies are so cash-strapped their prime focus will be on getting their money back.

dboughtwood

Hi again thanks for posts

We owe £1200 on housing benefit too but that's come down a lot as have been paying it back but not being investigated for fraud unlike the council tax.

I informed them in March that had just started work for God knows what reason but this is wrong and have admitted this was a mistake and wasn't thinkinf properly and as explained earlier all the caotic ness in our lives and I have admitted it was wrong. So In total it's around £1556 not a large amount but still an amount.

Marktheshark

The repayment of the debt and the criminal element are separate issues.
If they prosecute depends on several things.
How much evidence, an apology and full admission, makes the job easy.

However they have to balance this, if they go to court, what the magistrate awards in costs is the last word, so financially they lose out the payments