Unintentional benefit fraud

13

Comments

  • She gets Employment support allowance but shes classified disabled so not able to work (Shes in a strange group not full disability)
  • sevenhills
    sevenhills Posts: 5,875 Forumite
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    jaywii94 wrote: »
    My mum (bless her) is not the smartest woman and genuinely had no idea she had to submit our information as she thought the claim was for her personally rather than the whole house. So she has committed fraud completely unintentionally just through lack of knowledge.

    She may not be that bright, but you and your brother should be keeping an eye on things.
    You may need to repay a very big bill, all the family together.
  • tboo
    tboo Posts: 1,379 Forumite
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    jaywii94 wrote: »
    She gets Employment support allowance but shes classified disabled so not able to work (Shes in a strange group not full disability)

    But does she receive either Disability Living Allowance (DLA) care component or Personal Independence Payment (PIP) Daily living.

    Either of these will mean your mum doesn’t pay the non-dependant deduction.

    In the meantime inform the council of your income after your JSA ended
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  • tboo wrote: »
    But does she receive either Disability Living Allowance (DLA) care component or Personal Independence Payment (PIP) Daily living.

    Either of these will mean your mum doesn’t pay the non-dependant deduction.

    In the meantime inform the council of your income after your JSA ended

    Its important that the OP answers this question otherwise we can't give accurate advice.
  • WhenIam64 wrote: »
    Fraud has a high level of proof and saying you're mum will have a criminal record is "enthusiastic" and perhaps in breach of MSE's rules.

    Fraud whether admitted or not is a subjective issue, unless proven in court, and the way the DWP deals with it is to make a higher level of reduction in benefits than they would from other overpayments.

    It may be that the family have to step up to the plate, as they say, and compensate your mum for the reduction she can expect.

    The OP was saying they were worried about mum getting a criminal record I don't see any rules that, that breaks ?
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
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    edited 15 February 2018 at 12:54AM
    jaywii94 wrote: »
    She gets Employment support allowance but shes classified disabled so not able to work (Shes in a strange group not full disability)

    Is she in WRAG (Work related activity group)?
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
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    venison wrote: »
    The OP was saying they were worried about mum getting a criminal record I don't see any rules that, that breaks ?

    Failing to report a change in circumstances is an offence and every single letter sent reminds the customer of this. There will have been a breakdown of how the benefit is calculated. So in short, yes a law has been broken (section 112 (1A) of the Social Security Adminstration Act 1992). She may well not be prosecuted but the fact remains is she has committed an offence and is liable to repay the money.

    Moral of this tale is read your award letters..
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    dippy3103 wrote: »
    Failing to report a change in circumstances is an offence and every single letter sent reminds the customer of this. There will have been a breakdown of how the benefit is calculated. So in short, yes a law has been broken (section 112 (1A) of the Social Security Adminstration Act 1992). She may well not be prosecuted but the fact remains is she has committed an offence and is liable to repay the money.

    Moral of this tale is read your award letters..

    Agree.

    Although, I think venison may have been referring to the suggestion that MSE’s rules had been broken - not the law of the land.

    ;)
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
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    NeilCr wrote: »
    Agree.

    Although, I think venison may have been referring to the suggestion that MSE’s rules had been broken - not the law of the land.

    ;)

    Ahhhh.

    I do think it’s harsh to tell someone that they are facing a conviction when they have not even been interviewed about any alleged offence.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    WhenIam64 wrote: »
    Fraud has a high level of proof and saying you're mum will have a criminal record is "enthusiastic" and perhaps in breach of MSE's rules.

    Fraud whether admitted or not is a subjective issue, unless proven in court, and the way the DWP deals with it is to make a higher level of reduction in benefits than they would from other overpayments.

    It may be that the family have to step up to the plate, as they say, and compensate your mum for the reduction she can expect.
    Just to be clear, it's not against the rules.


    here's a little life tip:


    Prepare for the worst, hope for the best.


    There's absolutely no benefit in shielding the OP from something that might actually happen!


    Forewarned is forearmed and all that!
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