please help Income support stopped>>

swanny65

oldmotherreilly wrote: »

hel8itch
Sorry I'm a bit confused. In your first post you said that the letter came from the council fraud section? If this is the case, they only have a right to stop your claim for Housing Benefit/Council Tax Benefit. They cannot stop your claim for IS as that is dealt with by the Jobcentre. Who did the letter come from-was it the council or DWP?

It could have been a joint investigation with the council inviting the customer in. It is also possible the council sent the interview and evidence to DWP who made the decision.

Two points spring to mind:

1) You are married therefore the decision is solely based whether the Dept's believe he is in your household. If that is the case then benefit will be disallowed automatically.
2) It looks like they could have evidence his mother address is fictitous eg prehaps she receives single person CTax.

I see this time and time again and unfortunately people never learn. Why risk your benefits by allowing him to use your address like this. Tell the third party organisations that his address is his mothers, that includes banks, schools, DVLA, NHS etc.

The credit applications are bad news for you as he should declare where he lives and to lie on the applications is an offence.

Why did he let this happen - how long does he need to find his own place.

Apart from the address query everything else you do is what a family does........

Has the decision been backdated (do you have an overpayment?) if so you should seek legal advice as you could be prosecuted.

zxcvbn4321

Once a person has had their interview under caution and been shown some documentary evidence eg bank statements, loan and credit card application forms etc with a partners name on it, will this be sufficient evidence to force a successful prosecution and conviction??

If there is a realistic explanation for the non resident partner to have used the lone parent's address as a "care of" address will further evidence be necessary eg surveillance, witnesses??

If a witness comes forward to say a certain person was resident at an address, would there name be disclosed in court or would the witness stay anonymous??

Broken_hearted

From your own post it looks like they have a strong case as you admitted to fraud one of two ways.
either
-He is living with you
or
-you are allowing him to give false details to obtain credit.
You need some proper help to get this sorted.

Conor_3

oldmotherreilly wrote: »

hel8itch
Sorry I'm a bit confused. In your first post you said that the letter came from the council fraud section? If this is the case, they only have a right to stop your claim for Housing Benefit/Council Tax Benefit. They cannot stop your claim for IS as that is dealt with by the Jobcentre. Who did the letter come from-was it the council or DWP?

My brother works in this area in LAs. They share information with each other so the LA will inform the DSS that they've stopped payments due to fraud and vice versa. So expect to possibly face the DSS investigators as well.

lil_me

As your husband works away and comes home weekends when he isn't working (just going by what you have said in previous posts) all of his post etc goes to your home, he would be classed as being part of your family and living with you, same as someone who is in the Armed Forces, they could be working away for months at a time but would still be classed as living in the family home when it comes to benefits etc. Therefore the DWP and housing office etc would expect you to claim tax credits as a family and be paying your rent etc.

relay

It would also appear that if (as you say yourself) your husband doesn't buy everything but does help financially when you need it, that he is technically contributing to your household.

Reading through it, i can understand why the authorities may suspect fraud if he has applied for a number of credit cards from your address, has his financial statements sent to your address & does contribute to your household shopping bills when you need him to.

You really need to get advice from the CAB urgently, as you say there do seem to be at least some misunderstandings in how involved your husband is with your financial needs but one thing does puzzle me - what was the relevence of them showing you printouts of the websites you had made? Were they generating an income?

real1314

I'd assume the websites were of the "friends reunited" / Bebo/Myspace type and the printouts were of the OPs statements of her circumstances - i.e "I am living with (partners name) and we've got x kids together", coupled with allowing fraudlulent credit applications, the OP has got a problem - they need, as others have said, to see CAB or some other independant advice agency

relay

I knew i was missing something, thanks for clarifying.