Advice needed for sister

CHARDONNAY_3

Firstly, I just want to apologise if this is in the wrong place.

I'm seeking some advice for my sister - she came to me in tears tonight to say that she was been investigated for council tax fraud. She split up with partner bout 4 years ago, then got back together bout 18 months ago. When they were apart, she claimed 25% disc on council tax, however she did not advise them when he moved back in.

Please don't post any horrible replies, my sister has been through alot with her own illness, her sons disability and an abusive partner (stupidly, the one she got back with, but she won't listen to what others tell her!) She realises she made a stupid mistake and is terrified of being locked up. As her sister, I have no idea what to say to offer her any comfort.

Please, can anyone offer any advice or has anyone been in same situation. I don't really know what she means by 'being investigated' and she hasn't brought the letter with her.

sassybooboos

she wont get locked up if she says she didn't realise due to all the other things she has been going through but she will have to pay the money back but she should be able to come to an arrangement plan.

when i worked for the council this happened quite a lot and a lot of the time the council only found out from either people shopping the people or someone slipped up. if she has claimed benefits it could be from this.

just tell her it can get sorted and try not to worry too much.

being investigated sounds as if someone has tipped council off!!!

she will need to prove where he lived prior to them getting back together else they may try to backdate all of it.

Tozer

Doubt they would prosecute. Likely to just ask for the underpayment. Best to cooperate as much as possible.

sassybooboos

i never heard of anyone getting prosecuted for council tax fraud by not declaring partner moving back in, in the time i worked at council. however benefit fraud is a whole different ball game.

she wasn't claiming benefits as well was she?????????

I'mcomingbackasaman

Tell your sister not to worry. she should have informed them of her change of circumstances that's all. The worst that could happen is that she has to pay back all the 25% single discount she received for 18 months that she's been overpaid. But she can make an arrangement to pay it back according to her means. They'll reassess her benefits on her circumstances now to see how much she is entitled to. It's all means tested.
Is she claiming all the benefits she's entitled to like disability allowance and carers allowance for her disabled child to up her income?

CHARDONNAY_3

Thank you for your replies.

My sister has been working since Jan last year, but think she was on benefits before that. Not sure if that means there was an overlap where she was claiming and he was living with her. She has gone home now, but will check with her tomorrow. From what you have said, if that is the case, it could be alot more serious.

I've gone off on one with her for being so careless, but she just breaks down.
She has suffered with depression for a long time and I think if she was to get into alot of trouble through this, she wouldn't be able to cope.

I never thought that maybe she was shopped. One of her neighbours was accused of shopping someone else in the street last year. I know that you have to pay your way in life (I do and have never claimed benefits) and when others don't, it makes you angry, but I can't believe people would stoop so low as to nose into other people's business then inform council etc.

If they do look into benefit fraud, does anyone have any idea what would happen next? Would she be better off admitting any wrongdoing now or just waiting to see what council (or whoever it is) decides?

Yorkshire-Lady_3

If your sister was claiming benefits, there is a chance that this will be more difficult to resolve. I would suggest that she visits her doctor and explain, just so that it's documented, and that he may be able to prescribe something to let her cope better while this investigation is going on.
If she's depressed, and feeling overwhelmed, this could make her ill. (I'm speaking from some experience with a friend, though the circumstances were different)
Sally

CHARDONNAY_3

I have just spoken to my sister. As it stands, it looks like she is being investigated for benefit fraud.

When she split up with partner (bout 4 years ago) they were both on benefits. When he moved back in (approx oct 06) he was working full time but my sister was still on benefits. Between oct 06 and her starting work in Jan 07, it looks like she claimed benefits she was no longer entitled to.

From what I can tell she has to attend an interview to discuss the situation but she is terrified and doesn't know what to tell them. If she admitted her mistake would she be looked upon any more favourably? or is there still a chance she could go to prison over this? - I think the prospect of that is what frightens her the most.

sassybooboos

i think your sister should go and see someone at citizens advice and explain everything as they may be able to help.

when they interview her she will be questioned under caution, as benefit fraud is seen as serious, there will be two people in the room and im sure she can take someone with her. ( im a bit worried for your sister as from what you say she just isn't mentally able to deal with this at the moment and the rooms they use are just like at a police station, so obviously makes you nervous straight away)

was your sister being treated for depression when she shouldn't have been claiming.

she really needs to be straight about dates etc, as she could get taken to court. most of the cases ive heard about they have had to pay back all the money that they shouldn't have got, and sometimes a fine too, and criminal record.

if it was only for 3 months hopefully they wont be too hard.( but they do take benefit fraud seriously) as the advert says they are watchin you and they have many ways of finding things out. (im still wondering how they have come after her after all that time????????)

( i have never worked in fraud department but used to be good friends with people who did and obviously we used to discuss things )

i dont want to be bearer of bad news but better to be prepared.

I'mcomingbackasaman

Housing Benefits swop information with the tax office and the DSS (aka DWP) if her partner moved in and registered her address as his and she hasn't told them then they could have found out the info. from the DSS when they told them her benefits had stopped. Or maybe when your sister came off benefits and started work maybe she didn't tell the Council as well and they may well be still paying benefit for rent or council tax.
Tell her to check her rent payments if she pays rent for her house and to check her council tax bill to see if there are any payments showing she hasn't paid herself.
IIWHer I'd ask a solicitor for some advice before the interview on how to deal with the fraud allegation. She should mention in the interview that she's been suffering from depression and 'assumed' that the DSS would tell them she'd started work. It's better to be honest and up front.
As long as she hasn't committed fraud intentionally I think she'll just have an overpayment to pay back at an affordable amount.