In court soon regarding Benefit fraud

[tomtom256]

Hi there,

I am to appear in court for the housing benefit fraud charges.

 

I claimed housing benefits back in October 2014 while i was working part time.

i became full-time university student in September 2014.

 

when i made claim for housing benefits online,

I mentioned that i am not full-time student.

then benefits started and I ended my part-time job.

 

Housing Benefits never stopped until july 2016 when i was interviewed under caution for benefit fraud.

 

total amount for the housing benefits came up to around £4800.

 

I have completed my degree in may 2017 now i am looking for graduate role.

 

I am very scared and depressed knowing that i had committed fraud.

 

If I plead guilty would I be sent to prison?

 

Not sure what advice to give here.

 

You became a student prior to part time work and you claimed HB after you became a student and whilst working part time and you declared at the time of the claim you weren't a Student?

 

If so then it will be a false from outset case as you made a false statement/declaration.

 

Did you admit the offence at the IUC i.e. the earliest opportunity as this will go in your favour at court and when looking at what sentence to offer?

 

The chances of prison are very slim, especially for £4,800. Likely be a conditional discharge, a fine or a fine and a community order, but it all depends on the judge and how you plead versus the evidence.

 

If you go not guilty you may end up with a worse sentence as from the post it appears you made false statements to obtain the benefit.

[tomtom256]

No unfortunately I did not admit the offence at the IUC. As I was very scared of telling them the truth. However, immediately after receiving the letter from DWP for the IUC I told Council that I am full-time student then council had stopped my benefits and asked me to return every single penny they had paid me in HB.

 

You need to get legal advice then. Some places offer 30 mins free or speak with the duty solicitor at court if they have one on the day, but ideally you need to decide what you want to plead before the court date.

[tomtom256]

From what little you have said, you don't seem to understand the benefit process and what the requirements are to be entitled to receive a benefit. I.e you never intended to set out to deliberately give false information. Then later on you found out that you did not qualify for the benefit and did not know what to do.

 

Although you come across as intelligent, i wonder whether English is your first language and you have failed to understand some of the information advised to you.

 

When you obtain legal advice you must be totally honest with the person you speak to. If they are going to represent you, then they must have all the correct information.

 

I would disagree, OP was a full time student at the time they made the claim, question asked on claim form "are you a full time student" answer "no I am not".

 

It's a straight forward question that they gave a false answer too. How you could answer no to a straightforward answer I cannot see how you could argue ignorance.

 

It's just like the one that asks if you are working and people answer no and then say well I was only doing 20 hours a week didn't think it mattered as it's not full time. The question is normally worded along the lines of "are you doing any paid or unpaid work?".

 

The forms and questions are quite specifically worded so that false/wrong information can only be given deliberately i.e. they only require a yes or no answer which you as the person filling it in would know if it was correct at the time they answered the question.