witness statment / DWP Fraud Investigation

[gosiaczek458]

hi, i have a question regarding witness statement i agev to DWp fraud investigator. i said in it my boyfriend has been living with me when he was claiming JSA as at the beginning of ' chat' with fraud officer i aws told my boyfriends dad already confirmed he lives with me. i thought i did right to confirm his adress but problem is he 's now being called to tribunal hearing and they want to use my statement against him. can i go to TribunaL and say my statement was obtained under false pretense? or will i get myself in trouble?

many thanks for ANY HELP

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[honeybee13]

Hello there, welcome to CAG.

 

Without telling us anything that would identify you, please would tell us more about what has happened and where your BF lives, etc?

 

Why did they have information from his Dad?

 

My best, HB

[ErikaPNP]

He can't have been 'called' to a tribunal unless he instigated it; the appeals system is there for people who are disatisfied with a decision made by DWP/LA etc in regard to finding of fact or a point of law. Do you mean he has been called to court? Is he being prosecuted?

 

If it is a criminal prosecution, you can only act as a witness if either the prosecution or the defence cites you as a witness, which I assume they may have done and that is what you are asking about?

 

If it is a tribunal, he can ask to present your evidence either orally or written. You would only get into trouble if what you are saying is untrue as that would be perjury. If it is true that the information was obtained under false pretences then no, you wouldn't get into trouble.

 

If he was actually living there, it won't make much of a difference to his case if the information is factual.

 

If the information was obtained from you under false pretences, then he could make a complaint about that to the authority that the fraud officer is employed by about his conduct.

[gosiaczek458]

when i was asked to speak to fraud officer i was told at the start of conversation, my partner's dad has already told them he leives with me. i thought it'll be right thing to confirm it. i was not cautioned and witness statement it's all they have from me. fraud officer actually lied to me and my partner's dad hasn't said he lives with me. we do share a flat and expenses but i'd not say it's as wife and husband living together. i'd like to help him out but don't really want any problems

[honeybee13]

Hello again. I don't quite understand what's happening for you, but I think you should tell the truth. CAG is not here to encourage people to tell lies to the authorities in any case.

 

If he's your boyfriend/partner and you live in a flat and share expenses, that sounds like living together to me. You can live as husband and wife without being legally married, as I understand it.

 

My best, HB

[ErikaPNP]

You didn't need to be cautioned; only a person being interviewed on suspicion of having committed a criminal offence needs to be cautioned, not the witnesses.

 

If it's criminal court he is going to and you have been called as a witness, you need to make his defence team aware of how the evidence was obtained, and allow them to deal with it.

 

Is it criminal court or the appeals tribunal service?

 

In what way do you consider that you and he were not living together as husband and wife?

[Nystagmite]

You can live as husband and wife without being legally married, as I understand it.

 

Yes you can. It's to do with financial links, etc.

[gosiaczek458]

it is apeal tribunal not court. i did say we live together but he stays only at nights, all his clothing is at his dad place, and all his post goes there. we share expenses for flat, though.

[honeybee13]

Hello Nystagmite. I think we're saying the same thing, are we? They're living together and sharing expenses and they're partners.

 

My best, HB

[Nystagmite]

I think so.

 

How often he stays over doesn't matter.

[scaredtodeath]

why would you say he lives with you he dosen't? if someone said to me my great aunt fanny lives with you because her dad said so I wouldn't confirm it when it's clearly not true! sorry just my opinion but i think you think you've dropped him in it and are looking for a way out!

[watchinginvestigation2011]

How many bedrooms does the flat have?