Benefit fraud, interview under caution

FBaby

We would be worse off paying 2 sets of rent and bills than being together and paying it once.

Unlikely. If she claims as a single mum and you only pay for a room despite working, then it is highly likely that combined, you are much better off.

Do you pay maintenance regularly, via direct debit and is it the equivalent of what you would be expected to pay via csa (or whatever they are called now?). Is this the only amount you pay?

You say you share the car, does this mean that both are on the car insurance at her address?

Maybe you didn't plan this (although that is exactly what my ex did with his partner before she fell pregnant), maybe you really are just very good friends, but you don't have to be intimate to be a couple, and sometimes the line between very close friendship and relationship can be very blurry, especially when you have been a couple for so long and the arrangement would mean you (together) being much better off financially being a mum of two under 5).

iammumtoone

I feel for the OP as it sounds like it could be genuine case of just being naive and not realising what these actions look like in the eyes of the DWP.

As he points out those that do intend to commit fraud do not make these 'mistakes' as they know the rules how not to get caught. Unfortunately that doesn't help your case now as you have to focus on what you have done not what others would do.

I would look to get evidence of the fact you live elsewhere. Is there anything you have applied for since living at your new address, credit card / supermarket reward card etc? Doctors/Dentist/Work change of address?

rw17

I did change my address and our relationship status both to single on the car insurance renewal but that was only in June. I say we share the car but it's 90% hers I use it when absolutely necessary, I have a van for work so she needs it more than I do. The car is registered in my name because I haven't finished paying off yet, I will sign it over to her once it is. This is a part of the maintenance we agreed, I would continue to pay for the car, tax, mot, insurance and repairs, as well as the direct debit amount that goes into her bank monthly. As someone mentioned we are part of the social media generation, every thing is dealt with online - banking, insurance etc I received little post so it wasn't a major thing to change my address. I do realise how stupid that sounds now we're in this situation.

marliepanda

rw17 wrote: »

No I don't claim benefits I work. No reason but stupidity and laziness, it was easy for me to pick up the little post that went to her house. We would be worse off paying 2 sets of rent and bills than being together and paying it once. As i said i don't pay into her house hold only maintenance for my children. If we were trying so hard to make it look as if i lived separate when in fact we didn't i'd have made sure my address was changed. Why should I not spend time with my children in their own home and why should we have to share the times that we spend with them? We have been on one holiday together she had never flown before so would never have taken the children on her own and neither would I have taken them on my own and we don't want them to miss out on such things just because their parents are not together. We are in no way more than friends which is why we split in the first place, we have been in each others lives since being teens and we moved away to a different area a couple of years ago so essentially all we know is each other and we spend some times on an evening together for companionship although we never go out alone together. Yes I see how this would look to them but there are simple explanations for everything

So you dont pay anything but maintenance, oh except for the car, mot, insurance and payments on a car thats all in your name but she uses it 90% of the time? And had fraudulent insurance up until 2 months ago?

What about the other stuff mentioned, such as address with the school? Address for work?

Geoff1963

"living with her"
Is there a formal definition of this anywhere ?

Is it nights spent in the same house, for instance ? Or a level of intimacy ? Is it so many points out of a selection ? What would a separated couple have to do, to avoid an investigation ; or to be exonerated by an investigation ?

I'm going to guess that a benefit fraud decision is either yes or no, no grey areas ; and yet the very nature of people's private lives, is that we really can't know what they do together, so that cannot be used as evidence.

And what if the people were not ex-'s, and mutual parents of children. How do the rules apply then ? Would they be considered living together, if the OP was a new suitor ?

dippy3103

Geoff1963 wrote: »

"living with her"
Is there a formal definition of this anywhere ?

Is it nights spent in the same house, for instance ? Or a level of intimacy ? Is it so many points out of a selection ? What would a separated couple have to do, to avoid an investigation ; or to be exonerated by an investigation ?

I'm going to guess that a benefit fraud decision is either yes or no, no grey areas ; and yet the very nature of people's private lives, is that we really can't know what they do together, so that cannot be used as evidence.

And what if the people were not ex-'s, and mutual parents of children. How do the rules apply then ? Would they be considered living together, if the OP was a new suitor ?

It's very much a grey area- but in the end it will boil down to a yes or no from a decision maker. A few years ago a judge observed on an important stated case that "living together is an imprecise term". He was right.

Geoff1963

I have a speedometer in my car, and signs at the side of the road ; so if A is less than B, I'm OK. Too much in life isn't so straightforward, and yet the penalties for transgression can be catastrophic.

konark

Assuning what you say is true, the DWP will find it very difficult to get a criminal fraud conviction . The problem is they don't need one, as the Coalition government effectively made the DWP a law unto themselves. They are judge , jury and executioner. They will decide if your ex-partner is guilty based on whatever evidence they have, they may not even ask you for interview, and they can then apply huge financial penalties without troubling the courts. They could stop her benefits and make her repay every penny they've given her since you split up.

poppy10_2

Topcat1982 wrote: »

Some of these posts are harsh.

He goes to her house daily. Stays overnight on the sofa bed. Shares a cup of tea and watches films together with her. She cooks him dinner. He goes on holiday with her. Shares a car with her and pays for the tax and insurance.

They sound like a couple to me

w06

it does but equally my friends and I do all of those things, and we're definitely not a couple or trio

whoever used to live in my house (>7 years ago) still had their bank and insurance at this address until I sent the post back with a stroppy letter rather than just retruning to sender a few months ago, you're not the only person to have not changed address op