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Benefit fraud

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Comments

  • To call it benefit fraud makes it sound not as bad as theft I suppose.
  • whiteg2
    whiteg2 Posts: 33 Forumite
    Hi -Firstly I doubt you will go to prison. However you need to start being honest with yourself. You knew the money was coming into your account and you hoped it wouldn't be noticed (I get that). but it has been noticed and the Money will need to be paid back.
    You need to talk to the CAB to explain the situation and get advice on how you could repay with a payment plan. Just be honest and you will get this sorted out. If you continue to pretend you did not know what you were doing then this will work out worse for you. Get proper advice.
  • Soulful
    Soulful Posts: 19 Forumite
    Just wondering if anyone knew if they pressure you when I'm questioned, I don't know what sort of trick questions to be honest.

    I called the CAB number the other day and all I got was automatid crap that was of no use, I might of rang the wrong number tho
  • whiteg2
    whiteg2 Posts: 33 Forumite
    I assume they will just want to find out the truth. If you lie, they will see straight through it and will query your answers. Google your nearest cab and go in person.
  • heSoulful wrote: »
    Does anyone know how they question you I've heard that throw questions at you to catch you out and trick you

    Standard Interogation methods. Bright light, thumb screws, the odd punch to the kidneys, followed by chinese burns and removal of finger nails, until you start telling the truth.

    Not really. They only catch you out if you lie. ALWAYS tell the truth.

    So the truth might look like this :

    . 1) You are a muppet. 2) You thought you'd get away with it
    3) You put your head in the sand 4) You have some of the money saved. 5) You are very sorry, and really bricking it.

    I do actually wish you all the luck in the world.

    I was over paid tax credits by £2K when my son went to university, and I failed to realise that "in full time education" meant "secondary education" - I could have read the 103 page booklet that they sent, but meh/cba/too much going on. I'm paying back at £55 a month.
  • DCFC79
    DCFC79 Posts: 40,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Soulful wrote: »
    Just wondering if anyone knew if they pressure you when I'm questioned, I don't know what sort of trick questions to be honest.

    I called the CAB number the other day and all I got was automatid crap that was of no use, I might of rang the wrong number tho


    As been said, just tell the truth, you made an error and a big 1 at that. Just dont lie.
  • Soulful wrote: »
    Just wondering if anyone knew if they pressure you when I'm questioned, I don't know what sort of trick questions to be honest.

    C'mon Have you never seen daytime programme that used to be aired on BBC1 Saints & Scroungers.

    I can feel for you as easy not to notice the money if say you were in payday loan debt and or lost control over your bank account, funnily enough no one ever begrudges these people's story's of depression, or thought anything of it as wrong when awarded more then they borrowed claims, it's quite amusing. But how many of the likes of payday loan borrowers or over drafters could easily have one time been in your situation. The benefits just swallowed up on top of the stress of starting a new job easily done for someone not in their right mind.

    Hope it goes ok whatever happens you have life and the ability to walk from this - I would like to say I have depression but I know it's more passive-aggression, really..so have nothing to offer on that level But I also know that some of the hard hearted people would revel in telling me what happened last year and that the first year anniversary coming up was nothing whilst only to happy to entertain those who never want to take responsibility for how they feel, so you do what's best for you as this world can be unjust and unpredictable enough as it is, sorry for being so wordy x
  • Mersey_2
    Mersey_2 Posts: 1,679 Forumite
    whitewing wrote: »

    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.


    Fraud isn't an interest-free loan.


    Each case depends on the circumstances. Sentencing ranges from civil penalties, a caution, full prosecution with the consequential sentencing options available to a Crown Court. No-one on here can say what will happen, although custodial sentences are usually for those who defraud over £10k. [Three such individuals were jailed last week in Liverpool, whereas one who had defrauded £5k received a community punishment to give an idea]
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
  • I've got to say I had one of these interviews. My partner (now ex) was living with me, it was all above board and benefits knew he was living with me. He was just about to start a new job (self employed), walked into an interview, no recording made.., don't think it was under caution but as soon as we walked in we were treated like criminals. At one point she even refused to believe I was a carer (for a son with ASD, had his diagnosis report with me) and that my son went to school (just happened to have a letter on me from the school thank goodness but not sure what that had to do with anything anyway). She seemed to be fishing, but very aggressively, making out my partner was already working (definitely wasn't).

    It all came to nothing, but oh dear, it was an awful experience. They claimed they knew things that just weren't true and so couldn't have been known. I so wish I'd insisted on a recording being made I would another time.

    However, if you have claimed a benefit and not stopped it when you started work, it will be assumed that you have commited fraud. Admit that, albeit unintentionally. But you might have problems with the unintentional part. If you can get any support from someone who knows you (GP, carer etc even though you now work) as to how/why you could be so neglectful of your finances (not checking bank balance after sudden rises in balance not relating to your earned income) then take letters from them with you, or submit their names to whoever interviews you.

    I'm afraid you will come up against the same 'how could this possibly happen?' attitude from whoever interviews you.

    Obviously offer to pay this money back.

    I doubt a prison sentence will be the outcome, but hopefully you'll be a lot more careful with your finances in the future.

    As suggested above, going to the CAB urgently would be a good idea too.
  • discat11
    discat11 Posts: 537 Forumite
    Part of the Furniture 500 Posts
    My ex was/is an DWP fraud officer, although we never mentioned names I often discussed cases with her being a fraud officer myself for another industry at the time.

    I never once heard of a first offence investigation where the claimant was thought to have been honest (or mostly honest) getting a custodial sentence, not for any amount (and some were for a lot more than 10k!).

    Fwiw, I actually thought this was pathetic as you could rob a petrol station of £10k and you certainly wouldn't get what amounts to basically getting a telling off and told to pay it back, but ho hum.

    The message however is be scrupulously honest in the interview -you cannot be tricked or caught out if you are being totally honest, however if you try to avoid anything by lying you stand a good chance of being caught out and then your entire story (no matter how much truth is in it) will be doubted.
    At this point the investigating officer may just decide it's worthy of going to court.

    Even if you go to court it would be highly exceptional for a custodial sentence to be given.

    So:
    a) be 100% honest and contrite and the likelihood is you'll be asked to make a commitment a) not to do it again, 'or else' and a to reasonable payment plan (and only for the money taken and no interest or further penalty btw).
    b) lie and be caught out and go to court, be fined (£250-500 typically), get a less reasonable payment plan, a nice mention in the local paper and a criminal conviction (that could lose you your job btw).

    The choice is yours.
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