Benefit fraud

Soulful

Hi new to the forum, don't know if this is the right place.

I'm not going to go in to too much detail I've just recieved a letter for an interview under caution what's the chances of me going to prison? I started a full time job last August and forgot to cancel my ESA now I'm not sleeping a bit at the min. Think I'm gonna end up owing 10k think I better get mentally prepared for prison

IUC is next Wednesday

whitewing

Read this and get advice from the CAB. Do this immediately.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/benefit-fraud/

If you have a job, I can't personally see the benefit of sending you to prison. Better to let you pay back the overpayment. However, I guess that depends on exact circumstances.

I would say though that it is important that you deal with this. It is not going to go away. Do try and get some sleep though so you can face it better.

belinda1960

IMHO I'd be amazed if a custodial sentence is applied, in particular, if OP has no pre-existing criminal record for fraud. May not even go to Court. But any legitimate overpayment will need to be repaid.

Google search for a Daily Telegraph article dated 13 Dec 2013 and entitled - "Majority of benefit cheats not prosecuted, official figures show" . Though article is almost 3 years out of date, it may help you sleep :

As far as i am aware the CPS's two key priorities are Domestic Abuse and Hate Crime, and not Benefit Fraud. That said, it is still an area that requires intervention where appropriate. Perversely, the Government itself may on occasions be carrying out acts and initiatives that are tantamount to benefit fraud !

Get some help.

dippy3103

Soulful wrote: »

Hi new to the forum, don't know if this is the right place.

I'm not going to go in to too much detail I've just recieved a letter for an interview under caution what's the chances of me going to prison? I started a full time job last August and forgot to cancel my ESA now I'm not sleeping a bit at the min. Think I'm gonna end up owing 10k think I better get mentally prepared for prison

IUC is next Wednesday

Prison is very rare for benefit fraud. Certainly if you have never been in trouble before, the claim wasn't false from outset & there are no aggravating factors then it's very unlikely.

Have you got a legal rep to take with you?

Marktheshark

If you are under a RIPA investigation, they can and will monitor you Internet traffic so be careful what you post on public forums.

belinda1960

I very much doubt that RIPA will be relevant in what appears to be a straightforward case.

dippy3103

Marktheshark wrote: »

If you are under a RIPA investigation, they can and will monitor you Internet traffic so be careful what you post on public forums.

They will not be conducting surveillance for this kind of case and certainly not on someone's internet activity.

Soulful

dippy3103 wrote: »

Prison is very rare for benefit fraud. Certainly if you have never been in trouble before, the claim wasn't false from outset & there are no aggravating factors then it's very unlikely.

Have you got a legal rep to take with you?

Don't have legal help, I'm only taking my dad

teddysmum

How can you 'forget' ?

belinda1960

If you have no legal rep then I'm confident your Dad will be fine, and more cost effective. Ideally see a CAB advisor beforehand. Many can see you at short notice for urgent matters, and some have drop in centres.

Get your Dad to take copious notes during the interview. If they start making you feel unduly uncomfortable, then you are entitled to leave the room and the interview will be suspended and a new follow up appointment made. If that happened, and you have nowhere else to turn, you can always seek guidance on this , or similar, forums.

Incidentally, why did you "forget" ? What (if any) are the extenuating circumstances ?

NeilCr

This is a really good guide which may give you some ideas of what it will be like, what to do etc

http://www.advicenow.org.uk/guides/how-deal-interview-under-caution

At the end (page 27) there is a section on where to get help and advice - with a link to see if you may qualify for legal aid

I echo the views of others that you should see if you can get some CAB/professional advice/support