£38k benefit fraud - good result **conditional discharge only**

[Afraid11]

Hello all

 

Just a question for a family member who is going to be done for committing benefit fraud. Its for at least ten years, living with somebody in full time employment. She claimed income support, housing etc.

 

My question is.... She is being done by DWP and her LA as she was claiming to be a single parent what will happen regards to tax credits, will they now start investigating her or will they wait until she is prosecuted.

 

She has been to two IUCs and is now waiting for overpayment and offence as she is guilty.

I guess she will be going court as it was from the start of claim over many years , lots of money.

 

 

Any advice will be great.

[thedryad]

She'll probably lose all benefits and go to prison... sorry, but it's true.

[citizenkain]

I dont think shell go to prison,the benefits people will be looking for the overpayment back for sure,if its a long term thing which it obviously is they will be looking for an overpayment fine on top,its not in their interest to jail people,they look for the money back.

[jabba jones]

I dont think shell go to prison,the benefits people will be looking for the overpayment back for sure,if its a long term thing which it obviously is they will be looking for an overpayment fine on top,its not in their interest to jail people,they look for the money back.

 

TBF 10 years is a long time & the potential size of the combined overpayment (IS, HB & CTB) is huge, so I definitely wouldn't rule out a prison sentence.

 

The proceeds of crime act will also be probably looked at regarding the recovery of the overpayment from any available assets.

 

As per tax credits, the DWP & HMRC are still not very good at talking to each other when it comes to fraud, but this should change in the near future when the DWP, Tax Credits & LA investigation teams merge. But it's anyone's guess at the moment I'm afraid.

[antone]

I have to agree with Jabba Jones in this case, especially as (s)he has experience in this field. A claim that lasted 10 years, for IS, HB and Tax Credits, and which was fraudulent from the outset? I don't think we can rule out a prison sentence for an amount which is likely to be in the high five figures.

 

OP, your family member should probably seek the help of a lawyer experienced in benefit matters as this is potentially very serious.

[jabba jones]

for an amount which is likely to be in the high five figures.

 

& depending on how far back benefit payment records have been held that's been conservative!

[Afraid11]

Thank u all so much, yes she has a legal rep. She is preparing for prison as she knows what she has done.

 

Regarding tax credits, i will just tell her to wait and see. Thanks again.

[jadeybags]

Hope she'll be alright. Soft me. I don't like to think of someone being in that much trouble even if it was wrong what they did. That woman in Brighton that got 4 years for benefit fraud, not sure of her over payment, it was something like 350,000. Largest ever in the country they were saying on the news. Hope she has a good solicitor. It's only a matter of time before tax credits get involved too.

[Afraid11]

My family member did not go to prison.

 

She was done for £38k got a two year conditional discharge.

 

She now has declared EVERYTHING and actually was relieved that's its all over and can stop with the head buried in the sand.

 

Know it's been a very long time just thought I'd give a update as I've just signed in and saw this thread.

 

Seasons greetings all.

[dx100uk]

thanks for updating us.

 

 

its always nice to see a sensible resolution.

[mikeymack2002]

Have the DWP said if they are going to recover the overpayment? If so then they may subject the former claimant to an attachment of earnings/benefits to recover the outstanding amount.

 

 

There are also other civil penalties available they can use to 'fine you'. Will there be any further action against the family member including Proceeds of crime penalties? They were indeed lucky with such a sentence...

 

 

Secondly was there any issues with Housing benefit/CTR?

[Afraid11]

Oh yes sorry forgot to add yes they are recovering all the overpayment... She will never ever do something like that again as she clearly knew it wasn't the right thing to do but kept just pretending it wasn't happening. I believe she only avoided a prison term because she has a disabled child that heavily relies on her

[Afraid11]

£38.000 was DWP and housing benefit. Yes they are taking around £100+ per month.

[mikeymack2002]

Has the DWP/LA stated if they will also add any penalty charges for this case? This could be added to the debt and make the repayments take longer.

[Afraid11]

Not that I'm aware of.

[Shoelover]

Has the DWP/LA stated if they will also add any penalty charges for this case? This could be added to the debt and make the repayments take longer.

 

There will not be any additional penalties as she had been convicted. She may get a loss of benefit for 4 weeks.

[smokiejoe]

Probably a silly question, but how does she pay the money back? If she's living with a working partner, I imagine she stays home to look after the disabled child, so likely doesn't earn. They can't take the money from his salary, not his debt (and no mention he was aware of what she was doing). Too, I don't imagine they can take it from child benefit, which is for the child and not her? How does it get paid back?

[Mr.P]

The DWP will simply make a deduction from any benefits she claims in the future including any state pension.

[Afraid11]

She doesn't claim Is or housing benefit anymore they do take it from the working partner I guess they have an agreement in place, she also works p/t when her soon is at school. Nothing happened to her partner regarding the fraud it was all in her name. They have paid a fair bit back as far as I know.