Single Person Discount on CTB needs removing but have i made an error?

[allynorth]

Dear All

 

Quite a difficult one here and I'm at fault for being stupid but I'm now paranoid over benefit fraud, prosectution etc.

 

story is this

 

Moved into new place Oct/Nov 2011

 

Initially was Singler person

 

paid as such but then partner moved in gradually over next few months.

 

I never changed council tax and simply sent the form off April 2012 and 2013

and continued the SPD as the relationship was on again-off again etc.

 

I now have an SPD review letter.

 

I've rung the council up and changed it so we are now both on it but I need to send the SPD letter back.

 

I told the man on the phone in a panic she had just been here a few months

but obviously they have details of when mail etc was sent here

(note her mail sent here initially prior to her moving in fully).

 

I want to fix this and pay back the arrears but I'm paranoid anything else I say will get me in more trouble and get me prosectuated.

 

i did ring the coucil and expalin this

- the lady didn't really understand and said that if I just fill int the SPD form

that would generate a bill if any monies are owing.

 

I want to go in to the council to speak to them but think I'll ramble and get myself into more trouble!

 

The amount owing would be 2x25% - so about 600quid and I could pay it back there and then!

 

Any advice?

[abc123def]

Just fill in the form honestly, wait for the bill and pay it all in one go.

[allynorth]

Just fill in the form honestly, wait for the bill and pay it all in one go.

 

I'm worried that by filling the form in they will want to know about the last 16months!! And obvious oily I've filled in the form saying I was the only one here! I will pay it back but I'm worried about making it worse and incriminating myself (and I'm technically guilty)

[abc123def]

Just be honest, if your partner was living with you, say so. Believe me if it comes out later in investigation if you don't then they are far more likely to prosecute than if you just fess up and pay up now. Just tell the truth, say you were confused, thought you weren't serious or the situation was temporary if you like, but now realise your partner was actually there as their main residence all the time so should have been declared. Then say please let me know how much I owe and I will send the payment by return. Do that and I very much doubt it will go any further and you then sit back and relax.

[allynorth]

Thanks for that that is helpful advice. I'm literally so so worried after doing some google searches etc on this.

 

I realise that I have made some errors here - i basically just carried on claiming and I knew I should have changed i just never got round to it. I'm have literally been sick with the anxiety - i've basically claimed the deduction and shouldn't have and i know just see prosectuation, jail and fines (i'm fine with having a fine!)

 

I've tried to fudge it and made it worse and I want to go into the coucil to sort it out but that might make things worse if they ask questions!!

[allynorth]

its also scary when you look on the internet at all the things that can or might happen - basically i need to say 'ahh i've made a mistake, didn't realise what actually counted and need to pay back some money' but hopefully avoid prosecuation in the meantime!!!

[citizenkain]

listen,just relax and dont let your imagination run away with you,you aint going to jail,there are worse crimes!,just do what abc says and you will be ok,these benefit departments just want the overpayment back,theyve maybe cross referenced your partner somehow and they know the score,just tell them it was a mistake,sorted.

[allynorth]

Thank you Kain. I will try to do that and everybody has said it wil be ok. I even paid online for some advice from a lawyer - you can bascially go to a site and pay some money and they answer questions super quick and very worth it.

 

Yes they have cross referenced and my partner has obviously been here - well her mail has been sent here. I've changed it for this year but they will need the back dated amount. I keep looking online about this and apparently they could prosectuate or give me a caution if it was 'fraud'. I'm going to tell them as I was the tenancy was in my name i thought that counted and I've made a mistake and will pay whatever monies are owing. I reckon about 600quid.

 

I think if i just put the date that would match on the single person discount review form, sent it off they would then send a bill - i just worry about the forms i filed in saying I was the single person here in the meantime!

 

This has made me ill (all my own doing I realise that!) - i've not slept for days, I keep looking and googleing things and i've been sick each time I've tried to eat! I want to go into the civic centre to sort it out...but I think that would make it worse

[allynorth]

I did have one thought

fill in the form saying 2011 and then just wait and see what happens ? see if they just send me a bill

[allynorth]

This is horrible! I'm going to ring cit advice tomorrow.

i have bascialy 18 months of over payment - they'll know cos they will have cross checked the fact her bank statements etc come here. each time i look and think of how to sort it it seems to get worse.

 

I think i should jsut say - i have an overpayment that i thought i was allowed as tenancy just in my name but on reading it after SPD review letter I reaslie it should have been changed and it wasn't and I will pay it back straight away.

 

if they ask questions though i know i'll just end up in more trouble!!

 

EDIT - i'm not coping and keep being sick and dunno what to do

[allynorth]

I got this answer from a lawer

 

Thank you.

The short answer is that they could prosecute you but probably they would not. There are no guarantees obviously but its likely.

 

Firstly, if you report this yourself it becomes very difficult for them to prove the required dishonesty.

Secondly, most councils have a cut off limit over which they will prosecute. Usually its £3k or thereabouts. That doesn't mean you cannot be prosecuted for an amount under that but its less likely.

 

Thirdly you have no previous which is always a good point.

 

They will ask you to pay the wrongful deduction but its not likely they would take any criminal action.

Obviously I cannot guarantee that but given your position the safest course of action is to confess rather than wait to be caight. You cannot lie but at least you can put the best spin upon it.

 

Can I clarify anything for you?

 

Jo

[abc123def]

I can understand your panic and worry but it really is a shame you had to pay a solicitor for that advice, many here would have told you the exact same thing for free.

[allynorth]

I can understand your panic and worry but it really is a shame you had to pay a solicitor for that advice, many here would have told you the exact same thing for free.

 

Every one has said the same thing. Even so and armed with the info I still can't stop bring anxious etc. that's the third time I've asked for lawyer advice and paid as I'm so worried

[allynorth]

I had a friend ring them today with all the details - all i need to do is go in and pay it - they even said they could just add it on to the bill but I want to pay it all in one go!

[Helen2264]

Just fill in the form honestly, wait for the bill and pay it all in one go.

 

If you don't have enough fund to pay in one go, you can offer an amount that is comfortable for you to pay back bit by bit, you just need to do an income and expenditure list to show your incoming and out going with the new amount of CTB payment you can afford to pay included!

[allynorth]

RightI have been into council this morning - filled in form and predated when my partner moved in. As it was ages they said it needs to go to the 'back office' to work out amount owing. i put down my partners previous address which I hope won't generate any more problems. I am utterly convinced that I will now get an 'interview under caution' and a stern telling off. I doubt I'd get fully prosectuated for it although they could if they wished. I just wanted to pay the money back in one go but couldn't as they need to work it out. they said 'a few weeks'. Urgh i feel sick to my core!!

[abc123def]

Well done, that's a big step. All you can do it wait now and until the bill is generated, then it can be paid and settled.

[allynorth]

its going to be such a long wait. I've very convinced that I will get an interview and i've contacted a solicitor to find out how best to go forwards

[allynorth]

I got this when I asked annoymously about it (to another coucil i hasten to add). Essentially I think I will be ok - especially as I am willing to pay it back!!!!

 

Good afternoon,

 

The purpose of our review is to ensure that all on-going Single Person Discounts are correct. We accept that there are a number of people who may have misunderstood when a discount would apply.

 

As you have now cancelled your Single Person Discount, there is no further action to take. Any changes are not being backdated prior to 1st April 2014. If you would like to provide me with your address, I shall remove the discount for the whole of the financial year, if the date used was later than that.

 

Regards

[abc123def]

Ever heard the saying "Worry does not empty tomorrow of its problems, it empties today of its strength."?

 

My advice would be, no need to contact anyone else, just wait. It's all wasted energy imo. Try and distract yourself and keep yourself busy.

[allynorth]

A good saying that I think - not heard it at all

 

I'm going to try and not contact anyone at all for the time being being and just see what happens! I'm still anxious as hell and probably shouldhave just mailed them first off without trying to fudge it. I hope they just send me a big bill!

[allynorth]

I can only think how dodgy this all looks (and could be precieved to be as), I'm so so worried. Does anybody know if a local authority caution would show up on CRB checks etc? I want to speak to the council but I think i now need a solicitor as it looks really bad - thankfully at least i continued to fill the form in wrong!

[abc123def]

No, that sort of caution does not show up on a DBS check (disclosure and barring service, which has replaced the now obsolete CRB). It is only criminal convictions or cautions that do not civil.

[allynorth]

I currenlty have myself in handcuffs, in prison wiht a criminal record.

Bascially I didn't report a change in circumstances and it has now gone on too long. I'm hoping the solictor will be able to help me out and that the council will think the sums involved are too small to wory about but I am panicing about an interview under caution - I'm SURE I will get one. What can i possibley say - only thing is that tenancy was in my name I suppose - but it looks bad bad!

 

the responses on here help alot - but it is also scary to see how far others have been through all this

[allynorth]

A futher one for today

I have filled in a SPD review form and I have actually put a date on before my partner moved in as I can't give a full date - I have back dated 20 months! I'm going to see a solictor on Tuesday to see what to do next as I am convinced I will get an IUC. What do people think to writing a letter saying about my mistake to follow it up - bascially moved in and i didnt' think it needed declaring..but it should have been therefore can I pay back the money and any administrtive costs