Benifit Fraud

[pippin4242]

Dear Forum

First time post so please be gentle!

I suspect I’m about to be charged with Benefit Fraud £8000 WOW!!!!!!

How could I’ve done this well please believe me just don’t know how this has happened.

Well actually I do. Its taken us 4 years to get into this mess. I shall be brief and to the point and remove any sentiment as I know you are all busy people.

2011 lost Job signed on at Job Center THEY filled in all my forms and sorted out Job Seekers H/benift and Tax Credits (we have 2 children under 8 years)

Hated signing on so set up small maintenance company (Odd Job Man) had contract looking after block of flats.

Still getting benefits and Council would send me forms monthly asking for projected and actual earnings.

The company I was contracting for went bust and never paid so back down the Job Centre. Got a part time cleaning job same day earning £500 pounds a month. Advised by Job Centre that still entitled to all benefits and I cracked on with Job. This allowed partner to go to uni and she became a full time student. I in effect became number 1 carer for kids as I worked very early mornings and evenings so I got the kids on and off the school bus.

The Council stopped sending me forms!!! I assumed that everything now ok. I’m still in 2011. Each year I fill in my tax returns and Partner sends of all my payslips and p60 to the tax credits and small pension report along with student loan and grant bumf to the revenue and other relevant bodies or so we thought .

Move on to 2013 We get letter from Council that they suspect Benefit Fraud and yes we are called in interviewed under caution for failing to tell them about my pension. Guy doing interview very kind says “oh yes you’ve made a mistake ticked wrong box you’ll get a slapped wrist and will have to pay back over time the over-payment. Well that sort of happened plus a 50% uplift by way civil penalty. So end up owing £2000 quid. Which we have paid. Oh well at least we can now get on with our lives. How wrong could I be?

October 2014 The Housing Benefit people write to my employer asking for my payslips and earnings over the last 4 years. Well I’ve always been paid £500 per month and always declared it. Remember 2011 I did all the stuff at the job centre, partner fills in all the forms and tax returns sends them off every year. 2011 council stop asking for income forms to be sent back every month also forensic investigation in benefit fraud in 2013 ending in big civil penalty.

Yesterday another interview under caution claiming I’ve never told THEM that I have been working since 2011. Same Guy does interview again this time very defensive but adamant that I have never told him or the Housing Benefit people that I have been working for 4 years this despite a letter from them last year asking me to send in payslips and the like. (he claims this was just a routine letter they send out). Not sure whose the more stupid here me for thinking that’s these departments spoke with each other or this guy who did the investigation last year failed to spot that I was working.

Looks like I’m going to Court now with a benefit fraud charge despite offering to pay back over time the over payment. I will lose more than I can say here if I get a criminal record is there anyone who can offer any advice to avoid this.

Best regards

[Mr.P]

Send a SAR to the local authority - Do it today. Should you need to prepare a defence, you should hopefully have all the information to hand.

 

My council do not send out requests for payslips by way of "a routine letter", so on that basis, I would treat anything this investigator said with a degree of suspicion. That said, it is your responsibility to inform HMRC, DWP, and Local Authority of changes in circumstances when claiming any benefits. All need to be informed separately as they do not routinely share information.

[pippin4242]

Hi Mr.P

Thanks for response.

What is a SAR?

Im so mad with Council. I do except its my responsibility and assumed id done that through the Job Center after all they set up all the claims. if i went to the Doctor with a headache and he sent home with asprin and it turns out I had a brain tumor (pray God not) someones butt would be getting kicked im sure. It seems to me they have no responsibility to investigate with any degree of professionalism.

[honeybee13]

Hello there.

 

I think the guys on the benefits forum should be able to advise you for now. I'll move your thread there and leave you a short term redirect to follow from this forum.

 

HB

[Shoelover]

Have you checked your award letters from HB since 2011? What income do they say you have been assessed on?

[tomtom256]

The council may and likely would refuse a SAR as it's a criminal investigation.

 

When you receive the summons, if you haven't already, there should be a copy of the case bundle and evidence they are planning on using.

 

Do you have copies of any award letters they have sent to you that show they have been taking your earnings into account?

[stevemLS]

Not sure whether benefit fraud prosecutions are different, but the ordinary criminal procedure rules provide for advance disclosure of prosecution evidence if and when the defendant pleads not guilty.

[Shoelover]

The ordinary criminal procedure rules apply to benefit fraud prosecutions, so this would include the advanced disclosure.

 

O/p have you got the award letters?

[Chester6]

http://ico.org.uk/for_the_public/personal_information

 

SAR is a way to get info that a company or/and organisation has on you and it costs sometimes

[Shoelover]

It's likely the o/p was shown the letters at IUC.

[pippin4242]

Thanks for replies.

Its all a mess! Yes ive had the money and it seems i shouldn't have. My point (however pathetic) is that when investigated and given a civil penalty 18 months ago for a Non dishonest failure to disclose surely they would - should of (as i assumed) carried out a forensic investigation into all my claim. We are not benefit cheats!!. I happy to pay money back I don't want to go to court (will lose job with Criminal record ( Not many jobs for fat 57 year olds ) I walked out of the last sad and sorry interview assuming that all was in order and that

the Council fraud team had done their Job.

[Shoelover]

Did you mention your work at that interview?

[pippin4242]

Hi Shoelover,

Thanks for question.

I find it inconceivable that they didn't know i was working I cant recall if he questioned me about it on the tape.

I do however have a clear recollection after the interview having a discussion with him about a Pub he uses which the company I work for clean.

This has only now come to light because we told them.

Regards