Benefit Fraud

[Soccerkid66]

A while ago I posted on hear about my former girlfriend being investigated for benefit fraud.

The 2 agencies involved are DWP and he local authority. I am involved and are being investigated also and we have been interviewed and gave honest and frank separate interview. The case is based around me moving in on a part time bases with her after being her landlord and seeing her socially for 2/3 months. Her benefits have stopped and although we are now friend we have not carried the relationship on. While her benefits have stopped her son and mother are paying her bills. I have put the rent on hold and will sell the property as his is resolved one way or another. My question THE DWP have given us a date

when they believed I moved in which was in writing and the figures they are asking for to be paid back are from this date.It co-insides with the rough timeline date we both gave in our interviews. The issue now is that the local authority are suggesting a completely different date/ which is obviously longer. My question is should they not communicate and give us the same date for the housing benefit and council tax to be paid back as the DWP are asking for and have given us in writing?

[antone]

They probably should communicate more, but the sad truth is that they don't and in the end, it is your girlfriend's responsibility to make sure each department has the correct information.

 

She can appeal the council's overpayment decision if she feels it is based on something that is not correct. Appealing the decision is a civil matter, independent of any criminal fraud action that may be taken against her. As part of the appeal, she could submit copies of the letters from the DWP that you mention. Appeals should be submitted within one month of the date on the letter informing her of the decision.

[tomtom256]

Both departments can come to there own decision and each decision is appealable.

 

With living together cases there isn'y always a set date to go with.

 

The LA mau have decided that as you are the landlord once you entered a relationship regardless of whether you lived with her or not that the rent was no longer commercial.

 

Your ex should have a written decision explaining how the LA came to the dates they did and the reason why the cancelled the benefit.

 

The DWP investigator should have given the DWP decison to the LA who then get their decison makers to make a decision. Although some LA's make a decision in their own right without a DWP decision.

[Soccerkid66]

The DWP have given her a letter with the amount to be paid back and the reason stating that I joined the household on this certain date. My question is will the LA take into account the findings of the DWP

[antone]

The DWP have given her a letter with the amount to be paid back and the reason stating that I joined the household on this certain date. My question is will the LA take into account the findings of the DWP

 

Not formally, no - the LA will reach its own decision. If the decision is wrong, it can be appealed and evidence of the decision the DWP reached could be submitted as supporting. It won't be decisive in itself, though.

[estellyn]

The LA may also have considered issues surrounding the tenancy, as you are the landlord (for instance contrived tenancy). Best to find out the reasons for the decision and challenge the decision if you feel it's wrong.