Being Investigated for Benefit Fraud - Urgent Help Needed Please.

[MinnieMouse2009]

Hello All.

 

I'm writing this post because I've been (in hindsight) incredibly stupid. I've been claiming Income Support since 2007 and been claiming as a Lone Parent since early 2009. I've been claiming as a single person, but have in fact been married and living with my husband on and off.

 

It has recently come to my attention that the Job Centre Fraud Investigation Team are looking into my claim. I know this because they sent a fax to my husband's work place asking them for any details they hold pertaining to his employment. My husband doesn't know that I've been claiming as a single parent. He thinks that that the benefits that we're getting are our normal entitlement.

 

My reason for claiming in the first place was because my husband and I split up between Sept. 2007 and Dec. 2007. I wasn't working at the time due to a very difficult pregnancy so I was claiming JSA, then at the beginning of December 2007 I was transferred to Income Support. All this while I was having Council Tax Benefit and Housing Benefit paid in full.

 

When my husband moved back in before Xmas 2007 I decided that I would wait a few weeks before informing the Job Centre of my change in circumstances. As it happened, by mid Jan 2008, my husband had left again and didn't return until the birth of our daughter in mid Feb 2008. At that point I decided that because of the volatile state of our relationship that it would be better if I maintained financial independence from him for the security of my daughters future. So again, I decided not to inform the Job Centre that he had moved back in.

 

In June 2008 my husband left again only to return in early September 2008. He stayed until mid November 2008 and then moved out again until mid January 2009. As I write this post, we are living together again.

 

Since February 2008 I have been claiming Income Support, Child Tax Credits, Housing Benefit, Council Tax Benefit and Child Benefit. I started working 16 hours a week in mid Jan. 2009 and since then I have been receiving Working Tax Credits, Child Tax Credits (including Childcare element) and have had a run on for Housing Benefit and Council tax Benefit.

 

Effectively, I've received alot of benefits that in the eyes of the law, I know I haven't been entitled to. But I really did do this just so that my daughter and I could be safe and secure. Even when my husband is living with us, he doesn't really help financially. He can't understand that she needs milk, food, clothes etc. just like any normal person. And when it comes to nappies and wet wipes he's always complained that she uses too many.

 

In any case, what's done is done and I can't turn the clock back. What I need to know now is how I can limit the damage. My husband actually lost his job last week and now wants to claim JSA. Should I allow him to that or will they think that we are rectifying the problem just because we suspect that they are investigating? Or should I just bury my head in the sand and wait for them to contact me? And when/if they contact me, what will the consequences be? Will they fine me or send me to prison? And if my husband now claims JSA and we go 100% legal, will we be entitled to still receive benefits?

 

I'm sorry that this post is so long, and thank you for taking the time to read it.

 

Any help/advice would really be appreciated.

[andie_303]

OK with all due respect and not meaning to sound harsh but in all honesty as a (genuine) loan parent you I think you kinda deserve whats coming to you and if they are investigating there is no point in burying your head in the sand.

 

I would suggest to preserve yourself and make it as easy as possible on yourself you should just call them and make an appointment to go and see them get it over with and get plans in place to make repayments.

 

You will be still be entitled to benefits but they will be taking a portion out of that I believe for the repayments so they will be lower.

Dependant on the amount and the circumstances generally the punishment for this is a fine but it could be worse.

 

I really do advise you know there investigating they WILL make the call eventually just own up now - it will be in your best interests.

[MinnieMouse2009]

Thanks for your advice Andie. If I'm understanding you correctly, are you suggesting that I contact the Fraud Investigation Service first before they call me, or are you suggesting that I advise Tax credits about my change in circumstances and claim JSA for my husband or both options?

 

Also, the only reason that I know I'm being investigated is because of the fax sent to my husbands work. Should I just call them anyway?

 

And regarding the times that my husband wasn't actually living with me, when I truely was a lone parent, will that actually be taken off the amount of money that I owe them?

 

Thanks again.

[andie_303]

In all honesty I'm not a legal advisor so don't take this as absolute 100% right but I would imagine if they are investigating you and they have grounds to do so they may ask you to prove the times your partner was actually out the residence and that he was not providing you any financial support that they may have considered on a genuine lone parent application i.e. maintanence payments etc.

I would try and call into the CAB and speak with them as they will have a lot more information but I think admitting the deception to the Tax Credits office before their investigators make the phone call may get you some concession - has your husbands work filled in the form etc and sent it back

[MinnieMouse2009]

I've just called Tax Credits now and they advised that they will shut my claim immediately and send us out a new claim form for us to claim jointly. Also, my husband will apply for JSA before the end of the day.

[zazen.warrior]

And next time he leaves;change the locks.

[shelleyann]

are you still claiming income surport if you are then i would seriously not alow your husband to sign on as they will have your details already at that address and also i had an interview today under caution for the same thing wel it was only a few months and i wasnt working but my partner did stay over a few nights a week and they now class this as living together in witch i did not no but still benefit fruad is still benefit fraud , they will ask you in for a interview under caution at some point sooner rather then later , what they are doing is gathering as much information as they can to biuld up there case aganst you if i was you come clean as they will go a lot easyer on you if you are honest and open with them ..good luck

[bazak1]

although i understand your reasons ( or most of them ) for doing what you did and why, at the end of the day what you did was illegal.

It would be in your best interests to contact them first to arrange an interview where you can provide all necessary information, such as details of dates when you were actually alone, and what monies you received. If you can actually work out the dates and what money you've received 'illegally', it will give you a better understanding of what amount they will reclaim, and they WILL reclaim it, make no mistake about that!!

Be totally open and honest with them and offer to repay the overpayment and you may be surprised. They get a lot of flack but they are in fact actually human.

I know that you say they have contacted your husbands employers but is it because of that you now want to "come clean". I ask this because this does seem to point at the " i wouldnt have told them if they hadnt found out " sort of statement.

 

Whatever the outcome, let it be a lesson to you, and hopefully to others reading this thread.

[jack1966]

i hate to break the news but the child support agency will probably be after him sooner or later aswell and will probably want thousands of him even when you were together.

 

so he will be in massive arrears with that.

 

sometimes its just best to come clean

 

i hope things work out

[andie_303]

i hate to break the news but the child support agency will probably be after him sooner or later aswell and will probably want thousands of him even when you were together.

 

so he will be in massive arrears with that.

 

sometimes its just best to come clean

 

i hope things work out

 

Not excusing what this lady has done as I am a genuine single parent and I hate people taking money out of the system I pay into every month by working full time and solely supporting my child but I don't think this is correct.

 

The CSA or CMEC as it is now know would not get involved in this as her husband is not yet claiming job seekers - and anyway you have to ask CMED to take your case now - they want parents to sort arrangements between themselves so unless you can't do this or a single person on benefits and not getting any support CMEC will not get involved.

 

Also as a parent who is battling through this system to get some money the CSA do not know there arse from the elbows and the chances of 2 governement agencies communicating?? Slim to none.

[ErikaPNP]

Just to clarify - C-MEC are not taking cases at the moment, the CSA is still in existance for existing and new claims at the moment.

 

C-MEC will not be taking applications until the introduction of the "Gross Income Scheme" which isn't penciled in to take place until 2011. Once that is in place, existing customers of CSA1 and CSA2 will be given the option of support to apply to the new C-MEC scheme, or can make a private arrangement if they so wish. (although since October 2008 customers have already had the option of private arrangement)

i hate to break the news but the child support agency will probably be after him sooner or later aswell and will probably want thousands of him even when you were together.

 

so he will be in massive arrears with that.

 

This is incorrect. Arrears can only build up if there is an existing CSA claim and assessment in place. A parent does not become liable for CSA payments until the date the CSA first contact him/her regarding Child Support.

[DCA-KING]

My thinking Up shoot creak best if you stop all that you are not entitled too ASAP and i would write to them and say he stays over a few nights a week to see how you get on and in a couple of weeks time i would tell them hes back living with you and what can you claim

i would never give them any info i would wait forf them as they may not have as much info as you could be telling them and you may end up shooting yourself further what every the outcome it is only your doing and if i was you i mwould come clean with the other half asap because they may think hes involvde

regards dk

[bazak1]

Thats a fair comment, DCA, but as for the "they might not know as much as you are telling them" bit.... Are you saying that we should now read these posts, and advise the posters to be, lets say, a little constructive with the truth.

The whole reason for these threads i thought, was to advise LEGALLY, not to condone illegal acts.

AND although the OP does admit what she's done and that it's wrong, it is still Fraud of the benefit system, and therefore illegal. It costs you, me and every other tax payer XX amounts of pounds each year, and therefore yes she should come clean, hold her hands up and offer to pay whatever the overpayment is back in full.

Having said that, there is mitigating circumstances, ie: the husband coming and going, and the OP being left short of cash. The benefits office will listen and will try to understand, but even then they won't condone illegal acts.

Good luck.

[andie_303]

Thats a fair comment, DCA, but as for the "they might not know as much as you are telling them" bit.... Are you saying that we should now read these posts, and advise the posters to be, lets say, a little constructive with the truth.

The whole reason for these threads i thought, was to advise LEGALLY, not to condone illegal acts.

AND although the OP does admit what she's done and that it's wrong, it is still Fraud of the benefit system, and therefore illegal. It costs you, me and every other tax payer XX amounts of pounds each year, and therefore yes she should come clean, hold her hands up and offer to pay whatever the overpayment is back in full.

Having said that, there is mitigating circumstances, ie: the husband coming and going, and the OP being left short of cash. The benefits office will listen and will try to understand, but even then they won't condone illegal acts.

Good luck.

 

 

I could not agree more - I am a genuine single parent raising a disabled son yet I went back to work when he was just 6 weeks old to support my child - I would not dream of lying to get money I was not owed and costing the taxpayers for my fraud - not saying that is you specifically OP just generalising.

 

I say in this situation you just have to put your hands up admit your errors and start making repayments if they ask you, it doesn't make you a bad person just a use of bad judgement.

[DCA-KING]

Please read my post again what i said is i would not tell them anything that is your right and you may be telling them more than what they know

i didnt tell anyone to do anything illegal

i remember years ago one of the boys got called in the office he told the boss sorry i should have told you i was late ?? boss siad only wanted to tell you wife phoned to say cars broken down she cant pick u up!! BUT IM NOW DOCKING YOU A HR FOR BEING LATE

regards DK

[andie_303]

Please read my post again what i said is i would not tell them anything that is your right and you may be telling them more than what they know

i didnt tell anyone to do anything illegal

i remember years ago one of the boys got called in the office he told the boss sorry i should have told you i was late ?? boss siad only wanted to tell you wife phoned to say cars broken down she cant pick u up!! BUT IM NOW DOCKING YOU A HR FOR BEING LATE

regards DK

 

 

But surely just because they may not know it doesn't mean it is right? thats like saying I killed someone but if I don't tell anyone it's ok. I know it's a bit of an extreme example but at the end of the day this is a case of fraud and basically theft from every genuine tax payer that does not defraud the system. Wrong is wrong whether they know about it or not.

[DCA-KING]

The way the goverment is this day and age i cant really blame people, the goverment will only give it to the banks who then rip us off anyway right or wrong i dont agree with what they done but why did a bigger hole thats my IMO

regards dk

[bazak1]

Dont worry dca, no-ones having a go at you, but if we start to advise members on how they can be , lets say, a little adventurous with the truth, with things like this then we are leaving ourselves and the site and it's moderators etc wide open to all the grief that will follow.

You can imagine the headline really cant you " CAG website found to be aiding villainous activity, supporting dole cheats, helping tax dodgers" etc, etc, etc.

We'll be having the mods appearing on Watchdog defending our good nature.

I know this seems a little far fetched but the press love a good story and they would batter us to death.

 

If we give honest legal opinions and help, then we have done what we have been asked, and it is then up to the individual asking the questions to either take our advice or risk doing it their own way which may be illegal. THAT IS THEIR CHOICE, and therefore does not reflect on you, me or any other members of the CAG.

 

I do totally understand what you are saying though about getting ripped off etc, but we ALL live under the same rules and therefore the law, whether it be benefits, driving, drinking etc, applies to us all. ( although it doesnt appear like that sometimes, when certain people get away with a lot more than others ).

[snowi]

i was at court today its been going on for months now im also down to under 7 stone bad for a lady of 42 years old eh .

i plead guilty and iv had proceds of crime now given to me in court . what else can go wrong the judge suspended sentance for 4 weeks to collect what ever procedds get it had my home on it , ill probly get a sentance , my fathers terminal he wont last much longer god i just wish it was all over good luck to all whos going throu simmilar i wouldnt wish this crap on my worst enemy xxxx

[snowi]

i started claiming and working as all i had was 52 pounds a week for me and my son his father was killed when he was 8 , i had to work to get moeney i had bills to pay i /we had to eat so im not sayin sorry for what i did to survive im sorry now im nearly in jail . but i had to survive .

everyone has diffrnt circumstances its easy to say i woek and dont claim , but sometimes i worked a 9=5 each day and all i got paid was 50 pounds a week slave labour yes , but when it comes to you and your child starvin you do anything to stop that xxx

[Johnny Holmes]

I thought this was a website that intends to help and not judge!

 

Britain 2009 is a desperate place and some would not believe how others have to live and get by.

 

It's been said that in the 3rd world a £1 a day is all that some get by on, well get this, in GB, a 1st world country, people have to get by on less than £9 a day!

 

Consider the gap between 1st and 3rd world and it is less than £8!!??

 

This country is dead.

[jackieandwayne]

Well, the op has done wrong, and it takes a lot of courage to admit it. In all honesty if I were in her shoes, with a new baby to feed I can't say what I would do. I hope i wouldn't be dishonest, but hey, times is hard and who knows? No point in beating her up over it, at some stage everybody does something silly in their lives.

 

The op says there were times when they had genuinely separated, so I should make a diary now of those dates, because at the times she was on her own she probably would have been entitled to all these benefits, and of course, new baby, husband in and out the door to suit himself, stress, worry, heart ache etc., tell them all this in your defense. But you know you are going to get stung, lets hope it stops at that and there is no prosecution, but never, never do this again.

 

What's all this about your daughter uses too many nappies? I don't like the sound of this man anyway, just for that, so, leave him two sheets of loo roll in the bathroom, when he complains tell he uses too much! Likewise, from now on very small portions of food - he eats too much. If he don't get the point, out the door with him! If he argues over that, well he takes up too much space doesn't he?

 

I hope this is sorted out, your best bet is really to go and see them and fess up before they come for you. If it does go to court, at least you can show you tried to put this right, and don't tell them you know about the letter at your husband's employment.

[olivoyl]

i sympathise with you having gone through 10 months of court scenario with council, in the end i very nearly committed suicide with the stress, thankfully i was found at the right time.. i ended up with criminal record, suspended prison sentence and bill for 14,500 k.. i eventually moved abroad as no one would employ with criminal record and if i tried to claim jsa i was constantly under investigations. 3 years on its still ongoing chasing the debt.

[Messydesk]

It is always best to be up front when claiming any benefits, however it is very diffcult for someone who has a partner who is there some of the time and not other times. There should be some guidelines so that for example and calculation could be made about how much time he is there and then somehow adjust the benefits accordingly. I wrote to the council (in 2003)saying my partner was here about 40% of the time and should he be paying council tax? They did not charge him council tax at the time - and no he is retired on ill health so would not need to pay it anyway. However, the council have still threatened me with prosecution for fraud. Luckily I have copies of my letters and they will have egg on their faces if they do go ahead. Even if you try to be upfront you still get in trouble sometimes!!!

[Little Heart]

Hi Minnie.

Regarding housing benefit and council tax.You'll have to pay it all back.If you admit to the offence they will also charge you 1/3 of what you owe them as a fine.IF you don't admit you'll still have to pay back the above but also they will take you to court.

 

There is no easy way around this.The next few weeks/months are going to be hard.

 

Good Luck

 

LH