prison sentence for benefit fraud?

[alessia1989]

Hi all,

 

i recently had a iuc for my income support as they thought i was living with my bf- which i am not.

They said that a they would get back to me with a decision in 3 months time.

 

I have a 3 year old son and am currently 35 weeks pregnant. i also have serve depression.

 

Even thou i have not comminted a crime- what ever they decied to do i will accept as i feel i dont want to fight with the dwp. My only concern is that i will face a prison sentence.

 

Is this possibal? i couldnt bare to go to jail. What are the chances i will get jailed? im so so so scared about this, i dont mind paying a fine but prison?

 

im really scared... does anyone know if this is likely to happen?

 

thanks for ur help! xx

[lemonpinklady]

I'm sure you wouldn't be sent to prison for this. Other people will know more but please don't worry - it doesn't seem that bad!

[alessia1989]

I'm sure you wouldn't be sent to prison for this. Other people will know more but please don't worry - it doesn't seem that bad!

 

 

thank u...im just so scared i havae been reading stories that if you owe more than a certain amount then u could be jailed. I started claiming in 2008 and they r taking it back from then so working it out i owe well over £15000 (for something i dont even think ive done wrong) but im scared they could jail me, because ive been reading up and heard u can get jailed. ive got to young children and i suffer from depression. i dont think i could cope...so scared! xx

[leemack]

Usually at the interview under caution they will tell you the reasons why they thought you were living with your boyfriend and will mention evidence they have. What evidence did they have against you? How do you feel the interview went?

 

Please be assured that prosecution isn't the only option they are considering.

[MARTIN3030]

Yes agreed.

We have had lots and lots of threads like yours here over the last couple of years.

I have not seen any that were looking to be facing certain prison sentences.

Its important that you are straight and just co-operate best you can.

Every case brought before a Court is decided on its merits and lots of things are taken onboard.

Mittigation forms an important part of that -on both sides.

Its easy for us here to tell you not to worry-but worrying does not make things change it just adds to the pressure.

Come back to us when you know more about what they will be proposing-meantime if you feel it helps,ask more questions here.

[alessia1989]

Usually at the interview under caution they will tell you the reasons why they thought you were living with your boyfriend and will mention evidence they have. What evidence did they have against you? How do you feel the interview went?

 

Please be assured that prosecution isn't the only option they are considering.

 

 

Hi they gave me all evidence they had. I explained each one. 1) was a bank statment that is my bf and is addressed to my house- i explained the reason i let him do this is beacuse he doesnt use this account as in he gets no money in that account he pays of an overdraft and didnt want his parents to see he was in a lot of debt- stupid i know but didnt think it be a problem. As i said he doesnt use that account. 2) they had my bank statments 3) something from nhs... was a bit confused about this and thought it could be coz he is down as my carer on my DLA.

That was all the evedance they had. I gave in some of my evedance like his p60 which is addressed to his house his car details in his house, two bank statments which are addressed to his house.

I felt interview was ok and explained myself well. I had a solictor with me as well who said i did ok.

 

As i said im prepared for anything they give, im not strong enough to fight against it. All im scared about is going to jail. I dont want that to happen and have been reading that if u owe over a certain amount they could jail u. As i said i dont want to go to prison. im so scared. If it goes to court will they take in to account my 2 children and i suffer depression?

 

thank u xx

[leemack]

It sounds like you did a good job of defending yourself - giving current evidence of his actual address. An interview under caution doesn't mean that they are going to take any action, I've been to quite a few where the person gave good evidence in defense and no action was taken. Even if they think you're guilty, they need good evidence to prosecute, and if there is lots of evidence he's living elsewhere and only a few bits and pieces that he might be living with you - that's not good evidence for prosecution.

 

When you get the decision, if they do decide on an overpayment, make sure you appeal the decision within one month of the date on the decision letter. Then find a welfare rights/CAB benefits adviser who can help[ you with the case and check that the overpayment is correct.

 

In the meantime, try and put the matter out of your mind as much as you can. Tell youself you did your best at the iuc and you've done everything you can for now. Worrying about things that may never happen, like prosecution isn't going to help your mental health. From everything you've said, it would be very unusual to prosecute in those circumstances anyway - and if your evidence was stronger than theirs then they may not take any action at all. Hope that helps.