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Benefit fraud?? Please advise
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It sounds like because her name is on the account they're looking into whether the money going in, and any savings built up, are hers and should have been declared.Unless I say otherwise 'you' means the general you not you specifically.0
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There are two possibilities. A matching exercise and the fact that as his account is joint it is legally her money too. She will have to evidence that she has never drawn a penny from this account and it was only a big stupid mistake that her bgesame was never taken off the account and then hope they accept it.
Or she's been reported by someone who thinks they still act as a couple. In this case they might need to show evidence that not only he has his own place but your mother doesn't happen to spend regular overnights there or maybe your dad has had new girlfriends since or you mum boyfriends and explain why they never sought to get a divorce.0 -
Does anyone know how this can be proved other than bank statements from both parties?0
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Does anyone know how this can be proved other than bank statements from both parties?
I suppose you could send a letter from your father as well stating that he uses this account as his personal account and it's a mistake that your mother's name was never taken off it.
That might be the end of it once they see the bank statements0 -
If you Mum is telling the truth and she has nothing to hide and nothing to fear.
If it is just a case of your Father having an account with his wifes name on it and nothing else then this should't be classed as fraud and shouldn't stop her benefits.
The local authority has to establish that they are living together as husband and wife - the interview under caution is a bit of a fishing expedition to put flesh on the bones of any possible prosecution or provide verification to exonerate her. Most discrepancies will have a plausible explanation.
Your Mother can request a copy of the interview so you have an understanding of what questions were asked and what the replies were.
Why have they not divorced? This could be something they may ask or might have asked during her recent interview.
They will look at where he is registered to vote, what address does his doctor and dentist hold, what address does the DVLA hold from him, what address does he give when he applies for credit, mobile phones etc, the joint bank account will give an indication of where he spends his money - if he lives many miles away then the spending will be around where he lives and not around where your Mother lives. The same for your Mother - if all her shopping and other bank transactions are around shops where your Father lives and not around the shops where she lives this may be an indicator she doesn't live where she says she does. They will also look at gas, electricity, water consumption - if one property shows no or little usage that would indicate someone isn't living where they claim to be.These are my own views and you should seek advice from your local Benefits Department or CAB.0 -
Thanks so much for your replies, feeling bit more hopeful as I felt they would say name on account is enough to go ahead and prosecute but if it isn't then hopefully the statements can prove this! They live close by each other but their expenditures should be totally different. My dads a typical man and doesn't spend much and uses little gas and electric but surely they will be able to tell they live separately. He pays all bills from that account etc and will have gas electric included. They just didn't divorce. No one else was involved. My mum was ill at time and was going through a lot and going through a divorce was last thing on her mind and they rented their house at the time so my dad got his place whilst my mum lived there so there was no question over property or any reason for them to go through divorce straight away, about a year later they began to become amicable for their grandchildren and now are friends, my dad helps my mum visit their grandchildren as she doesn't keep well and sometimes will pop in to see she has been able to eat that day etc but has never stayed at her house since the split.
Everything should be registered to my dads like u have stated doctors, dvla etc so would there anything he could obtain to prove this that she could maybe hand in alongside the statements?0 -
They will look at where he is registered to vote, what address does his doctor and dentist hold, what address does the DVLA hold from him, what address does he give when he applies for credit, mobile phones etc, the joint bank account will give an indication of where he spends his money - if he lives many miles away then the spending will be around where he lives and not around where your Mother lives. The same for your Mother - if all her shopping and other bank transactions are around shops where your Father lives and not around the shops where she lives this may be an indicator she doesn't live where she says she does. They will also look at gas, electricity, water consumption - if one property shows no or little usage that would indicate someone isn't living where they claim to be.
They won't know where his doctor is, unless he tells them, or even if he has a dentist (many people don't)
And as for where she and he do their shopping, sorry but :rotfl::rotfl::rotfl:
If I do some shopping in the town where my mother lives does that mean I must be living with her..
They also can't look at gas, water, etc without the occupant's permission.0 -
piano_tuna wrote: »They won't know where his doctor is, unless he tells them, or even if he has a dentist (many people don't)
And as for where she and he do their shopping, sorry but :rotfl::rotfl::rotfl:
If I do some shopping in the town where my mother lives does that mean I must be living with her..
They also can't look at gas, water, etc without the occupant's permission.0 -
piano_tuna wrote: »They won't know where his doctor is, unless he tells them, or even if he has a dentist (many people don't)
And as for where she and he do their shopping, sorry but :rotfl::rotfl::rotfl:
If I do some shopping in the town where my mother lives does that mean I must be living with her..
They also can't look at gas, water, etc without the occupant's permission.
National Health Service Central Register. Section 29 (3) of the Data Protection Act allows for the release of information for the ‘prevention and detection of crime’ - information such as patients home address. Next of kin. Addresses registered at and dates changes of address notified. Name and address of Doctor and Dentist etc...
As for where someone does their spending - if they live 20 miles from their so called partner - why is 100% of their spending around where that partner lives. It does not prove they live there but adds evidence that they possible live nearby.
As for utility bills - Section 29 (3) of the Data Protection Act allows for the release of information for the ‘prevention and detection of crime’ without the occupants consent.These are my own views and you should seek advice from your local Benefits Department or CAB.0 -
piano_tuna wrote: »They won't know where his doctor is, unless he tells them, or even if he has a dentist (many people don't)
And as for where she and he do their shopping, sorry but :rotfl::rotfl::rotfl:
If I do some shopping in the town where my mother lives does that mean I must be living with her..
They also can't look at gas, water, etc without the occupant's permission.
Social Security Fraud Act gives various powers to approach pretty much anyone, google it.
And as per HBO, 29 (3) of the Data Protection Act also always a lot of information to be shared.
You would be surprised how many people get upset when they realise how much information we have obtained prior to seeing them.
As this is a compliance case though unlikely they have much.0
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