Interview under caution, Benefit Fraud for student.

anzi

Thread Closed

CakeCrusader

It looks like you were claiming JSA when you were a full time University student. You weren't entitled to JSA, students at University have to apply for a student loan to cover their living expenses, JSA is for people who are looking for a job, not for students. Only students who have children are entitled to housing benefit too, so you may run into problems with this as well. How long have you been at University, and do you have anything written down by the CAB to confirm their advice to you? You'll probably just have to repay the overpayment.

anzi

CakeCrusader wrote: »

It looks like you were claiming JSA when you were a full time University student. You weren't entitled to JSA, students at University have to apply for a student loan to cover their living expenses, JSA is for people who are looking for a job, not for students. Only students who have children are entitled to housing benefit too, so you may run into problems with this as well. How long have you been at University, and do you have anything written down by the CAB to confirm their advice to you? You'll probably just have to repay the overpayment.

Thank you for the reply
I don't have anything written from (CAB)
I'm in the second year now.
do you think I only get to pay it back? or get caution swell or prosecution?
Thanks

[Deleted User]

anzi wrote: »

Hi
Thank you for reading my long Thread.
I have received a letter for interview under caution in a week time. they said the reason is I failed to declare student finance.
I came to UK 5years ago and didn't have any English knowledge neither family member in here. I was in college full-time and received benefit from job centre.
I went to university as full time student and after few months I've been informed by someone that im entitle for benefit I checked citizen advice bureuo they also confirmed it.
I called job centre and made application over the phone. and didn't lie to any question asked.
I only received a form for backdating the benefit which also filled it without misleading any information which I didn't get the backdate. I got the benefit and went there every week for signing and reporting how my job search goes. I had proof of job applications I also had job interviews which they know about it. never missed any meeting.
never they asked me if im student or not.
I receive the housing benefit also. as well as that my housing tax was zeroed by student confirmation letter.
It took me 2-3 years to be fluent in English. but how on earth I should know all the rules in UK. I always been student with highest grade in uni and college and never had any legal issue.
now I need to know if I will get the prosecution? or just the overpayment? will I get criminal record? caution?

Thank you for any help

Both housing benefit and JSA forms asks about income and states to inform them immediately if anything changes. You failed to declare your student income so you didn't answer the questions correctly.


ETA:- finally found the online viewable form. It also asks if you are studying, level, funding received and hours. You must have lied?
Can't believe CAB told you that you were eligible if you shared that info.

WhenIam64

do you think I only get to pay it back?

Ye. It has to be paid back

or get caution swell or prosecution?

Depends on the circumstances/facts which no-one can comment on.

How are you going to finance the rest of your course? Are you entitled to a Student Loan for example?

N9eav

Claiming ignorance of laws will not be a defence. But explaining that there was never any intention to defraud and this was just an oversight due to confusion over the rules will probably work with the least sanctions.

TELLIT01

_shel wrote: »

Can't believe CAB told you that you were eligible if you shared that info.

You have more confidence in the advice given by CAB than I do. From experience working on benefit processing, some CAB staff are very knowledgeable and some are not. We had plenty of instances of claimants saying 'That's what CAB told me' when the statements being made were totally at odd with the reality.

NeilCr

TELLIT01 wrote: »

You have more confidence in the advice given by CAB than I do. From experience working on benefit processing, some CAB staff are very knowledgeable and some are not. We had plenty of instances of claimants saying 'That's what CAB told me' when the statements being made were totally at odd with the reality.

And, from the other way round, we volunteers at CAB have plenty of experience of clients telling us what paid staff at DWP have told them - and that was completely wrong, too. And I've been at CAB for a long time and that is not a new phenomenon. Although it has got worse.

There is a middle ground as well. On more than a few occasions I have rung DWP on a client's behalf. I have told them what the client has told me and - how shall I say it - it tuns out the story was a bit different.

I tend to be a bit wary of "so and so told me this" until I have verified the facts. One of the reasons I don't like posting in detail on this board

OhWow

anzi wrote: »

Hi
I came to UK 5years ago and didn't have any English knowledge neither family member in here.

It took me 2-3 years to be fluent in English. but how on earth I should know all the rules in UK. I was in college full-time and received benefit from job centre.
I went to university as full time student and after few months I've been informed by someone that im entitle for benefit

Because you are in the UK on EU rules and you must ensure that you follow them at all times. The EU 2004 Directive on the Free Movement of Persons will be in your language too.


That 2004 Directive clearly states that a "Student Qualified Person" must buy a Comprehensive Sickness Insurance policy for the entire time to be using the EU's Free Movement in another EEA country, and that these must not take benefits from that country.


At a pinch you might be able to use the EHIC from your own EEA country for this CSI proof, as long as that covers the entire time, but you were never allowed to ask for benefits from the UK because you are not a EEA citizen "worker qualified person".


Plus since 2014, an EEA citizen "jobseeker qualified person" cannot have benefits from the UK and being a jobseeker in the UK was limited to 6 months: then that was then applied retropectively to those already claiming JSA and various other UK benefits. These can have the JSA benefit only, but just for 3 months, as long as they are a genuine jobseeker (not a "student qualified person" or "self sufficient qualified person").

OhWow

anzi wrote: »

Thank you for the reply
I don't have anything written from (CAB)
I'm in the second year now.
do you think I only get to pay it back? or get caution swell or prosecution?
Thanks

From what you have said, it doesn't read like you were ever allowed to have any UK benefits. It's up to you as an EEA citizen, to follow the EU's Directive on Free Movement in another EEA country.

TELLIT01

NeilCr wrote: »

And, from the other way round, we volunteers at CAB have plenty of experience of clients telling us what paid staff at DWP have told them - and that was completely wrong, too. And I've been at CAB for a long time and that is not a new phenomenon. Although it has got worse.

There is a middle ground as well. On more than a few occasions I have rung DWP on a client's behalf. I have told them what the client has told me and - how shall I say it - it tuns out the story was a bit different.

I tend to be a bit wary of "so and so told me this" until I have verified the facts. One of the reasons I don't like posting in detail on this board

I accept that there are faults from both sides. Contact Centre staff at DWP are expected to be able to answer around 80% of questions on first contact and that is unreasonable, given that many of those calls will be be to do with errors / problems with the claim and should be investigated properly. Likewise not all CAB staff will have in depth knowledge of a specific benefit. Staff on both sides should be willing to say they don't know the answer rather than giving out wrong information.