Historical living together benefit fraud

Sasha96

A female friend that has 'freeloaded' for many years, (treating my home as a free hotel whenever she's in my city, put her up for a couple of months rent free in the past) has become very hostile at me putting very light boundaries in place and has sent threatening messages suggesting she will report me for benefit fraud.

Facts are as follows:

- I have been separated for 4 years and divorced for 3 and a half years.

- There is a period of almost 7 years that my husband was employed full time on minimum wage whilst I myself claimed Housing benefit, council tax benefit and Income support.

- Utility bills, P60s, GP records, bank statements and DVLA documentation would all show my husband at the same address as me.

Despite the fact that being historical, surveillance cannot now be used, am I correct in thinking the above mentioned would still count as hard evidence?
In such instances, would it be best to just plead guilty and go to prison?

[Deleted User]

Let me get this right you were claiming benefits as a single person whilst living with your husband?
If that is correct then you were committing benefit fraud, you may or may not be found out unless someone tells the DWP. So is it better that you tell them first and accept the consequences, or you wait until someone does it for you?
That can only ever be your call, personally I would never condone benefit fraud and neither should anyone else on here.

Pollycat

venison wrote: »

Let me get this right you were claiming benefits as a single person whilst living with your husband?
If that is correct then you were committing benefit fraud, you may or may not be found out unless someone tells the DWP. So is it better that you tell them first and accept the consequences, or you wait until someone does it for you?
That can only ever be your call, personally I would never condone benefit fraud and neither should anyone else on here.

+1 to this.
Otherwise you are open to blackmail by this so-called friend.

Once that's done, cut her out of your life.

calcotti

Sasha96 wrote: »

Facts are as follows:

- I have been separated for 4 years and divorced for 3 and a half years.

- There is a period of almost 7 years that my husband was employed full time on minimum wage whilst I myself claimed Housing benefit, council tax benefit and Income support.

- Utility bills, P60s, GP records, bank statements and DVLA documentation would all show my husband at the same address as me.

I am not clear what you are saying. During the period of almost 7 years was your husband living with you at the same address (in which case fraud has occurred if his earnings are not declared in your benefit claims)? Or are you saying that you were separated and living apart but your husband continued to use your address for all correspondence etc. If the latter then fraud has not occurred but, if challenged, you will have difficulty proving that you were separated, unless there is other evidence to confirm that your husband was living elsewhere, and your claims may therefore still be treated as fraudulent.

If found to have committed fraud you will have to pay back money and will be fined but you are unlikely to be sent to prison https://www.turn2us.org.uk/Benefit-guides/Fraud-Investigations/What-penalties-are-there-if-I-am-found-to-have-com

[Deleted User]

Fraud like this is not necessarily going to mean prison, but you will be subject to an investigation if the DWP decide to investigate and need to agree to pay back all the benefits that were awarded when you said you were single and weren't.

Yes historical evidence is evidence, surveillance is not necessary but I am not sure if DWP would investigate historical fraud. That is a risk you will have to decide upon.

But coming on here and asking such questions is not necessarily the best place for accurate answers. You will get what amounts to opinions, we are not the DWP, nor are we legal experts.

WhenIam64

Here are the stats

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/707831/fraud-and-error-preliminary-estimates-2017-2018.pdf

You'll see that although fraud it low, the rate has doubled which may be because detection rates have improved. There are some very, very smart data matching systems out there now. Saw a recent demonstration and the amount of information they have about you, and how they match it, is unbelievable. And the costs of processing, storing and acquiring it is coming down all the time.

Data Protection .... not when it comes to taxpayers money though.

sportsarb

All the things you mention are circumstantial evidence but fairly good as that goes, as most people would at least change utilities, GP and driving licence.

If you get called in to an interview, if you can, get some form of representation. Ideally a solicitor. They can advise you on what and how to answer. I don't condone benefit fraud but you have a right to do what is in your best interests.

Fraud sections like cases where there is a lot of proof, it might be that because this is historical they don't reach the threshold, and other cases are prioritised.

TELLIT01

Sasha96 wrote: »

A female friend that has 'freeloaded' for many years, (treating my home as a free hotel whenever she's in my city, put her up for a couple of months rent free in the past) has become very hostile at me putting very light boundaries in place and has sent threatening messages suggesting she will report me for benefit fraud.

Facts are as follows:

- I have been separated for 4 years and divorced for 3 and a half years.

- There is a period of almost 7 years that my husband was employed full time on minimum wage whilst I myself claimed Housing benefit, council tax benefit and Income support.

- Utility bills, P60s, GP records, bank statements and DVLA documentation would all show my husband at the same address as me.

Despite the fact that being historical, surveillance cannot now be used, am I correct in thinking the above mentioned would still count as hard evidence?
In such instances, would it be best to just plead guilty and go to prison?

From the situation you describe, it would be up to you to prove that you and your ex were living separate lives despite living in the same property. If utility bills were either in his name or joint name, and there is no evidence that you paid them, it would be considered evidence that you were still living as a couple. Likewise any joint bank accounts would indicate the same.
You would need to be able to show that he had his own living space and spent minimal time with you in order for DWP to believe that you were no longer a couple.
It is not unknown for couples to separate but to continue living in the same property, but that is more common when the property is owned and neither party can afford to buy the other out and there is little or no equity in the property.
The likelihood of a jail sentence is low, and there is a much greater probability of this 'friend' continuing to blackmail you if you don't speak to DWP.

parkrunner

Sasha96 wrote: »

A female friend that has 'freeloaded' for many years, (treating my home as a free hotel whenever she's in my city, put her up for a couple of months rent free in the past) has become very hostile at me putting very light boundaries in place and has sent threatening messages suggesting she will report me for benefit fraud.

Facts are as follows:

- I have been separated for 4 years and divorced for 3 and a half years.

- There is a period of almost 7 years that my husband was employed full time on minimum wage whilst I myself claimed Housing benefit, council tax benefit and Income support.

- Utility bills, P60s, GP records, bank statements and DVLA documentation would all show my husband at the same address as me.

Despite the fact that being historical, surveillance cannot now be used, am I correct in thinking the above mentioned would still count as hard evidence?
In such instances, would it be best to just plead guilty and go to prison?

It would certainly go in your favour if you owned up prior to any investigation. The likelihood of prison is tiny.