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Served prison sentence. Do I have to pay DWS back?


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I feel bad coming here for help but please bare with me

 

About 20 years ago I was taken into my local DSS office where I admitted claiming benefits while I started a new business.

 

 

I was given the option of paying back the amount I owed or go to court.

I agreed, of course that I should pay this back and as I did,

I also received a summons and was sentenced to prison time.

 

At this point It felt unfair as we had agreed to pay and not face court.

 

 

However, I had taken the benefits.

 

 

I stopped paying the money because of this.

 

 

I felt the prison time served was enough.

 

 

why should I be punished twice?

 

However even though I have not been on benefits since

I am now starting to get demands for the £2000 with court action threatened.

 

I am not on benefits but am self employed,on a low low income and so am worried.

 

 

I know I can make an offer to pay weekly,

 

 

I was wondering if I can make a request to see the original paperwork to see if the court or pay option was recorded.

 

 

Also, is there a statute of limitations on such a debt after so long also.

 

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Who is making the thread of court action? Is the DWP or a debt collection Agency ?

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I'd also go and get someone on your side, contact your local Citizens Advice Bureau/ advice services and get them involved early on in the process.

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They can't take you to court again for the same money, you have done your time, so it must be a DCA who is threatening you

 

the only action that can be taken to claim the money back off you, is to deduct it from any future benefits

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I think you do need to seek some advice from Citizen's advice bureau..

 

 

 

Incorrect Info. Edited 29/10/14 Rebel11

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They can't take you to court again for the same money, you have done your time, so it must be a DCA who is threatening you

 

 

This is not correct. The fact that the OP has served a criminal sentence for benefit fraud does not mean that the overpayment does not need to be repaid - the first matter is criminal, the second matter is civil.

 

DWP debts are subject to the same basic rules as other debts with regard to statute barring, but as you note the money can be reclaimed from future benefit payments, including State Retirement Pension, and in some circumstances the DWP can make deductions from earnings without needing a court order.

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Hi,

I have a look around for info on this and there is plenty of info for recovering but very little for challenging.

 

To be clear, the DWP can recover the money, take court action or both at their choice.

 

The only positive thing I have found is from CPAG regarding waivers. No idea if it will help.

 

http://www.cpag.org.uk/content/overpayments-and-recovery-secretary-state-waiver

 

They can't take you to court again for the same money

 

The DWP took criminal action at the time. This is now a civil matter which is separate from the judicial system and can't be sent to jail again

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I thought crown debts were immune from SB limitations.

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You wouldn't have been offered the option of paying it back or court. Repayment is without prejudice to court action (Ie it won't prevent it) and this was the case 20 years ago. I was investigating benefit fraud then and still am so I am aware of procedure

 

To have gone to prison it would have been a hefty overpayment. The punishment for the criminal action was the prison. The repayment is a separate issue.

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I'm not entirely sure how it all works with benefit repayments, but I would have thought this is an example of fraud. The statutory limitation period for fraud is six years from when the fraud could reasonably have been discovered. I've also heard an argument that the six year period for repayment begins when a final decision is made by the DWP. When did you do time and when did you stop payment - was it more than six years ago?

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I'm not entirely sure how it all works with benefit repayments, but I would have thought this is an example of fraud. The statutory limitation period for fraud is six years from when the fraud could reasonably have been discovered.

 

I have never heard of that when it comes to recovering fraud overpayments.

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I have never heard of that when it comes to recovering fraud overpayments.

 

The limitation for fraud is covered by section 32 of the Limitation Act - see http://www.legislation.gov.uk/ukpga/1980/58/section/32. I'm not entirely sure how that would apply to the Op but certainly something to think about.

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That's to take civil action in the county court

 

 

Yes, but the criminal proceedings finished 20 years ago. If DWP want to recover the money now my understanding is that they would have to go through the civil courts.

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they can just take it out of most benefits or attach your earnings, without a judgement.

 

If it's only £2,000 I'm staggered the o/p got a custodial. Even 20 years ago there had to be aggravating factors or previous to get prison.

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I don't think £2,000 was the initial amount, some monies has been paid off, we don't know how much.

 

they can just take it out of most benefits or attach your earnings, without a judgement.

 

If it's only £2,000 I'm staggered the o/p got a custodial. Even 20 years ago there had to be aggravating factors or previous to get prison.

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:laser:

 

Deductions from present or future benefits, direct earnings attachments, and a third option for Work and Pensions; back to the criminal court for a proceeds of crime hearing. If a confiscation order is granted it allows the DWP to seize a fraudster's assets.

 

Fortunately for the original enquirer, the POCA hearing usually has to be within two years of conviction.

 

Starryeyes.

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  • 2 months later...

Hi,

This case is like someone I know, even though you have been to prison unfortunately the overpayment still has to be paid back. So if you are not claiming benefits now try can attach a overpayment deduction on any benefits you get in the future. Being sent to prison is the criminal side of it , the other is repayment which still has to be paid but if they take you to court they can not send you to prison again. But they can make it a court order for repayment

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