Benefit fraud?? Please advise

Stacy07

Can someone please advise. My mum is under investigation for benefit fraud and is in a terrible state with worry. She is separated from my father and has been for about 8 years now. They have remained friends and as my mum doesn't keep well they are often together to see grandkids etc and he gives her a hand with things when needed. It was amicable and they have a lot of respect for each other. They had a joint account when they were together and my mum tried to close this at the start of their separation but was told she needed I.d. My mum is registered disabled and some things done necessarily make sense to her or goes over her head. She didn't go back to close account and felt it was ok as she took nothing to do with that account and left it for my dad, she's had no dealings or cards or anything since they separated. She has her own account which she uses. She had been called up for an interview with compliance. I wish I had went with her as she does not understand a lot of questions and she was completely grilled and more or less told she's committed fraud. I understand she shouldn't have had her name on my fathers account but she hasn't realised how detrimental this has been as she just looks at it simply as it wasn't hers and she didn't use it. They told her to go to bank and get proof of that and she's been to bank where they have scared her even more saying if investigated all her accounts will be shut as it's fraud and she won't get another account etc. She's literally sick with worry and I'm not worried there's no way to prove this if the bank is sticking to black and white of if her names on the account then that's it! What could happen? Is there any advice anyone could give me as I don't know what to do to help her.

Alice_Holt

What benefits are under investigation?

Was she married?
Is she divorced, or just separated.

If it concerns living together as man and wife then this is the criteria:
"This test is based on social security law, and HMRC state in their manuals that they will use the criteria adopted by DWP for this purpose which include the following:
Living in the same household
Stability of relationship
Financial support
Dependent children
Public acknowledgement
Sexual relationship"

http://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

Topcat1982

This old account may have caused them to be suspicious, but it's not proof of benefit fraud.

They have been separated 8 years, does your father own his own home or rent? Mortgage or tenancy agreement is proof he lives elsewhere, council tax, bills etc. If he has a car is it registered to his new address.

If there is another interview get copies of these documents plus the bank statements of the joint accounts.

Stacy07

Thanks for the replies.

I don't think she knows exactly what's under investigation.I think she just felt threatened. She was in reciept of iELA, I'm not sure what it's called but some form of jobseekers but not as she is disabled. She got housing and council tax benefit too and disability allowance.

They aren't divorced just separated. Do not live together what so ever and have no relationship just friendship.

My dad lives in his own house. he should have all details etc and bills coming off his account which is the "joint" account. His car should be registered there too.

There is no other interview. They have just asked for all bank statements to be handed in

poppy12345

Stacy07 wrote: »

Thanks for the replies.

I don't think she knows exactly what's under investigation. She has MS and sometimes she just finds it hard to understand things or what's being asked especially in such circumstances, I think she just felt threatened. She was in reciept of is it ELA, I'm not sure what it's called but some form of jobseekers but not as she is disabled. She got housing and council tax benefit too and disability allowance.

They aren't divorced just separated. Do not live together what so ever and have no relationship just friendship.

My dad lives in his own house, my uncle bought it and rented it to him when first moved out as he didnt have funds to buy so he paid him rent monthly and council tax etc, my uncle has since sold it to my dad so he should have all details etc and bills coming off his account which is the "joint" account. His car should be registered there too.

There is no other interview. They have just asked for all bank statements to be handed in

If he pays his bills through the joint account this could be a problem. Why hasn't he got a seperate account? Why has he continued to use this account for paying his bills?

trigger_fish

Alice_Holt wrote: »

What benefits are under investigation?Sexual relationship"

http://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/understanding-living-together/

I'd love to know one way or the other how they prove that one without children.

trigger_fish

The state just can't accept that sometimes couples who want to go their own ways simply cannot afford it and often children involved.

Try telling tax credits, that you were a couple that still live in the same house, but no longer share a bed.

tomtom256

Stacy07 wrote: »

Thanks for the replies.

I don't think she knows exactly what's under investigation. She has MS and sometimes she just finds it hard to understand things or what's being asked especially in such circumstances, I think she just felt threatened. She was in reciept of is it ELA, I'm not sure what it's called but some form of jobseekers but not as she is disabled. She got housing and council tax benefit too and disability allowance.

They aren't divorced just separated. Do not live together what so ever and have no relationship just friendship.

My dad lives in his own house, my uncle bought it and rented it to him when first moved out as he didnt have funds to buy so he paid him rent monthly and council tax etc, my uncle has since sold it to my dad so he should have all details etc and bills coming off his account which is the "joint" account. His car should be registered there too.

There is no other interview. They have just asked for all bank statements to be handed in

So she isn't being investigated for fraud, her benefit is being reviewed by a compliance officer?

It could be that a data match has highlighted a joint account and they want to check it as it has not possibly been declared.

tomtom256

trigger_fish wrote: »

The state just can't accept that sometimes couples who want to go their own ways simply cannot afford it and often children involved.

Try telling tax credits, that you were a couple that still live in the same house, but no longer share a bed.

You don't have to share a bed to be classed as a couple under benefit regulations.

Stacy07

It's the account he's always used his adult life, he just didn't change anything over, he's never had a benefit in his life, he had no idea it could come bk to my mum. Aw far as he was concerned he used that account n that was that, he didn't know anything about benefits or how it could affect my mum or else obviously they would never have had it. Neither of them have done anything wrong apart from not recognise how it works or how things could look

Stacy07

She has it in her head that it's fraud she's being investigated for? They said something about interest in accounts that hadn't been declared so that is my dads money but there's not very much in it and as she seen it wasn't her account. I know she's been silly but it's genuinely been an innocent mistake and the state she's got herself in thinking how will she prove this. If I'd had came up years ago she could have sorted it and that would have been that but now we r years down the line of having benefit and she's worried she could be taken to court or god knows how much she may need to pay back for a stupid mistake. Perhaps it is her benefit that may be getting stopped and not fraud. I'm unsure how all this works too