Hi,

This morning I received court summons for me to attend the Magistrates Court next month. I have been charged for committing benefit fraud as I claimed £1,234 (between 12/08/08-14/03/2009) and a further £13,635 (between 06/06/2009-07/06/2012) as I failed to disclose some savings that I had….To be honest I don’t know why I did it, greed I suppose…

However, when the department wrote to me informing that I had been overpaid, I repaid the total amount back to them asap. I was under the impression that if this happened, the matter would end…However, I am now being prosecuted! This is my first offence and I have never even been cautioned by the police! I am deeply worried…I tried contacting solicitors to get advice but as it’s the weekend I can’t get hold of anyone! Can anyone help me please??? Realistically, what sentence do you think I may receive?

besides the offence

may i ask how they located that you had undeclared savings

I'm not sure...I had an interview where they presented all the evidence and I admitted to it as soon as they showed it...

I'm afraid these days it's very easy to find out as everyone who claims benefits gets credit checked and that will throw up all the bank accounts a person owns.

There are two aspects to cases such as this one - there is the overpayment of benefit (which is a civil matter) and the question of fraud (which is a criminal matter). Although your repaying the overpayment should settle the civil matter, it doesn't necessarily end any criminal proceedings.

You are doing the right thing by attempting to contact a solicitor, and it would be preferable to find one with experience in benefit matters. If you have a local Citizens' Advice Bureau they may be able to help you find someone.

In terms of sentencing, that's a tough question to answer, and I don't think anyone here could do more than take a guess - which probably won't be helpful to you. There are so many different factors courts will consider. The figures you gave above, do those refer to the total in benefit you claimed, or to the amount of the overpayment you paid back?

Hi Antone,

The figures above is the total I claimed and the total I paid back...I'm hoping that the fact that I admitted to the fraud may place me in a slightly better position but I'm really worried and scared that I may receive a custodial sentence...!

The option of a custodial sentence is there if the magistrate considers it was a blatant attempt at defrauding the benefits system.

As stated, the magistrate will take into consideration all aspects of the offense before reaching his decision

In my opinion, and this is only my opinion, you will not receive a prison sentence as this is

1/ your first offense

2/ you have repaid the money

There is no loss to the government, only the reasons why the offense was committed.

I hope so...I just want Monday to come fast so I can speak to a solicitor...

A WOMAN who dishonestly obtained £30,000 of benefits she was not entitled to has been given a suspended prison sentence.

They are cracking down big time on benefit fraud, if you google benefit fraud you can get an idea of what might happen, the case will go towards the way you hid your funds, now in court they give you credit for admitting the offence at the first instance and reduce any sentence you may get?

The fact you repaid the public funds asap will go someway to show remorse, but please be prepared for the worse, the first sentence is a clip from a case I knew about and knew the defendant invoved, if you still have not consulted a solicitor do so at court ask to speak to the duty solicitor and maybe once he hears the details may ask the court for a adjournment, please don't get me wrong this is a "so serious offense" that a custodial sentance maybe imposed, but likewise you may receive a community punishment.

It really does have cause for concern, so see the duty solicitor asap, also when you book in for your case and are unrepresented you will be offered what they call "advance disclosure" this is the evidence that the prosecution will present to the court, read this in detail and if you feel you can not defend yourself ask the bench for the adjournment yourself , then seek legal advise straight away..

i very much doubt a custodial offence is warranted, but still a possibility

its her first offence, normal punishment for that is a 12 month conditional discharge

As my first line says, or didn't it was her 1st offense and they are so cracking down on fraud because its so prolific now, they want to reclaim as much of the missing funds as they can, then fine you for commiting the offense as well I wish the OP luck for Monday but advise was/is get legal advise as this is so serious in the courts eye?