Housing Benefit Fraud - will I be prosecuted?

[weezle]

I received, at the end of last week, a letter from my local council requesting that I attend an 'Interview under Caution' tomorrow (tuesday).

 

After phoning the CAB for advice I managed to contact a solicitor who has agreed to represent me. He has also changed the date of the interview so I have more time to prepare and see him first.

 

I am absolutely terrified! I have spent all weekend on the internet and looking at the various forums and I realise now that the chances are very high that I am not entitled to any of the money I have received. Its around 3500 over a 12 month period.

 

I can't quite believe how naive I have been and why on earth I didn't check my facts before I started to claim - I'm so ashamed of myself.

 

Can anyone please advise me what will happen - will I definitely be prosecuted and have a criminal record? Will it be published in the local papers? Will I have to go to court?

 

Do you think I should just hold my hands up and say I'm very sorry I mis-understood the regulations and offer straight away to pay all the money back. I could ask my parents to loan me and then pay them back over time (if they could ever bring

themselves to speak to me again).

 

Or is it worth trying to explain and trying to convince the officials that circumstances and stress and a whole other load of horrible stuff going on in my life contributed to me making a mistake.

 

Any advice would be very much appreciated. I'm going to see my solicitor at the end of this week.

 

Thank you

[renegadeimp]

if you are being interviewed under caution by the benefits agency and not the police, then its just to ascertain info. They will probably allow you to pay it back over time at a rate you can afford, unless its found out from the interview that you claimed the benefits in full knowledge you were not entitled to them.

 

To ease your mind, very few benefit fraud cases go to court, as it costs a lot to do so, and they only do it if its in the public interest, such as a LOT of money being claimed over many months or years.

 

Infact, if you sent a freedom of information request to the benefits agency, youd probably see dozens of people being caught every month in your area alone, and you rarely even hear about it. The only ones you do hear about are the ones that know they are guilty, the benefits agency can see they are guilty, but the person who had the money still refuses to admit their guilt.

 

If it was an honest mistake, then make sure you give them as much info as possible. Theyve heard every possible excuse hundreds of times, so its very hard to pull the wool over their eyes.

 

Remember, the interview is to get as much information as possible so they know what has happened.

Edited September 17, 2012 by renegadeimp

[weezle]

Thanks so much for your reply.

 

From the information I found online I was under the very distinct impression that any amount over 2000 is a automatic case for prosecution regardless of the circumstances and/or the immediate offer to pay back.

 

I was considering writing everything down beforehand and taking it to the interview - kind of like a statement. Because I get really flustered and nervous in everyday situations - let alone something like this. I know that I won't come across very well!

 

Also if I tell the truth I will implicate my ex, even though he does not even know that I am in receipt of HB - he will be so furious that I'm scared of the consequences.

 

I just want it all to be over as quickly as possible!

[renegadeimp]

The question comes up, did you know you were claiming it when you were not entitled to it. The only answers that should be given are yes or no. You can explain in detail later. If you did know, therefore claim it fraudulently, then you will need to accept the punishment they choose. However, if you did do it deliberately, then make sure you admit your guilt at the first opportunity as your solicitor will tell you.

 

If you try and think you can avoid it and it backfires, then prosecution and possible jailtime/suspended sentencing is almost certain as they will class you as being a fraudster. The best thing to do now, is not to panic, get your details in order and let your solicitor handle it. He will have much more experience dealing with cases like this than the avst majority of people will.

[id6052]

what was the error with your claim?

[weezle]

There"s no-way I want to try and avoid or mislead anyone. What I would like is to take responsibility for my genuine mistake, make amends and pay back what I owe.

 

But I really, really don't want to go into great detail about my emotionally and verbally abusive past relationship. How I've been manipulated and controlled for over 20 years and how ashamed I am that I didn't admit anyone what was happening to me - I just let it happen.

 

They want to interview my ex as well as me - that's the very last thing I want to happen.

[renegadeimp]

Oh you dont have to give US any details at all. But in your interview you must give them ALL the information that you have, regardless of if you want to or not. If not, you can be seen to be withholding information, which will simply give them the view that you willingly committed benefit fraud and are trying to hide evidence.

[weezle]

Thanks, I will start to write everything down so I can give my solicitor as much background as possible for when i see him. I go to a counsellor and will tell her what has happened at my next appointment.

[worried33]

I do find it hard to udnerstand what kind of mistake you coul dhave made, like forgetting to them about income?

 

Usually when making a cliam you have to provide proof of income including bank statements. This should make sure no mistakes are made.

 

did you withold information?

[weezle]

Hi, no I didn't withhold any financial information.

 

But I did provide a supporting document in good faith which I now know was not correct. I should have checked at the time - but didn't.

 

That's why I want to just admit my mistake and take the punishment - I'm seeing my solicitor tomorrow so will explain everything to her and see what she thinks is best for me to do

[zedeyejoe]

I cannot see why you should go to court if you are willing to admit your mistake. Court should only occur where there is a disagreement.

 

However there is no need to walk into the meeting and tell them about all the things you have been up to. Best idea is to go in, let the interviewer take you through what they want to talk to you about, you can then answer their questions as needed. Taking along any documents you might have may help you at the interview so you can show them the information - it is often difficult to get your point across when you are worried.

 

Remember you are very likely to be treated fairly, so don't worry.

[weezle]

Thank you, zedeyejoe,

 

I went to my solicitors appointment yesterday but she wasn't there so I had to see one of her colleague's who didn't know anything about my case!

 

I told them I wanted to submit a written statement, admit I made a poor, error of judgement, apologise and offer to repay all the money. But they said it was best to wait till the IUC and 'see what the council had got' and then we could plan a defence.

 

I feel really uncomfortable about this! I don't want to plan a defence I just want to admit I made a mistake and take the punishment.

 

Any advice please?

[slipmaster]

dont admit anything wait until they ask you and just answer their questions honestly, making a list will not really help you because they have their own questions and will ask it in diffrent ways to see if you give same answers that you gave earlier they will have every form you ever filled in for them they will also have access to your bank account and credit cards and every payment they ever made you so they know every penny you have spent also your ex's they will want to know if he knew or made you do it thats why they might want to see him. my other half did something similar before and we had to go to court they only prosecuted her as they couldnt prove i knew about it the amount was over 3000 she got a tag for three months and we had to repay the amount and still are at 10 pounds a week hope that helps to clear it abit for you

[weezle]

Thanks for your reply, slipmaster

[Stan Lee]

As far as I am aware, your solicitor can enter the interview room before you and request disclosure of the case against you. He or she can then leave, and you can decide whether or not to submit to the IUC at all, and/or whether or not to postpone it in order to draft a written statement.

 

Try and speak to someone from Welfare Rights as well, if you can -- they often have a better handle on the complexities of social security law than solicitors do (at least in the terms of the civil rules and penalty options).

[Stan Lee]

Also, I don't think I would view 'making a defence' as something of a negative thing. You are legally entitles to the advice of an experienced solicitor, one who is looking out for your own interests. I think that benefits investigators have a hard job (and sometimes get a hard wrap), but I would still make sure you protect yourself as much as possible.