Charged with Benefit Fraud - Any advice?

pepper77_2

Clearly a ***removed by Forum team***wind up.

Comms69

Sentencing guidelines are pretty standard.


https://www.sentencingcouncil.org.uk/offences/item/benefit-fraud/


I didn't see or remember if you did post it, how much you are accused of defrauding.


With that said, there is almost no chance of a prison sentence.


You get 1/3 off for pleading guilty at the earliest opportunity - that's the plea hearing.


The sentence will almost always be suspended if you have no previous convictions.


Expect a fine, costs, victim surcharge, community order and repayment of the amount - either some or all of that.

Comms69

Just seen £40,000 would suggest, in category B, =
26 weeks’ – 2 years 6 months’ custody.

Silvertabby

Any prison sentence for £100 is clearly lunacy even 30 yeas ago Posted by trigger fish

By today's standards yes, it's lunacy.

However, the times (and punishments) change. Before 1832 you could be hanged for stealing a shilling (5 pence today).

annandale

Oh well. Maybe the people on here who investigate benefit fraud might want to give advice on whether it's ok to ask a tenant to claim housing element on universal credit and then gift it back to them once they've paid their rent.

BorisThomson

annandale wrote: »

Oh well. Maybe the people on here who investigate benefit fraud might want to give advice on whether it's ok to ask a tenant to claim housing element on universal credit and then gift it back to them once they've paid their rent.

That would be a contrived tenancy.

If you want to start a new thread and give more detail we can advise further.

Comms69

annandale wrote: »

Oh well. Maybe the people on here who investigate benefit fraud might want to give advice on whether it's ok to ask a tenant to claim housing element on universal credit and then gift it back to them once they've paid their rent.

That's absolutely fine.


The LL still owes the tax on the rent, still has to pay the mortgage and whatever else.

dippy3103

Comms69 wrote: »

That's absolutely fine.


The LL still owes the tax on the rent, still has to pay the mortgage and whatever else.

Contrived tenancy. So no it’s not

Cheeky_Monkey

haras_nosirrah wrote: »

nothing wrong with people getting tax credits and we use if for lender mortgage affordability all the time

a couple earning 80k between them and then getting an additional £7920 in tax credits and £1740 in child benefit as they had declared her as a single mum when I had done their joint mortgage two years prior and they had had another child in the meantime and updated the tax credit form to include child no 2 but still claiming she was single - that I had a problem with

The fact they were also buying a second property was the icing on the cake

You should've reported them the first time round but instead you chose to ignore the fact that they were committing a criminal offence - well done you .... you must be so proud.

haras_nosirrah

Cheeky_Monkey wrote: »

You should've reported them the first time round but instead you chose to ignore the fact that they were committing a criminal offence - well done you .... you must be so proud.

the first time they were living seperately and buying a house together so I pointed out that they would not be able to claim once they were living together. I gave them an opportunity to stop their claim and advised them they would need to do so.

when they came back for remortgage two years later and were still claiming despite living and having a further child together I reported them.