I was claiming DLA for bipolar disorder. i have been working for DWP too. I got interviewed under caution by fraud department in the summer. I have now been summons to appear at the magistrates court. they say I failed to report changes of circumstance. Looking at it now I can see things changed, but I didn't complete the form, I just signed it, my mum filled it in. So I had no idea what was on it.

I am appealing the DLA decision, trying to get at least lower. I suffer with depression and mania, and am suicidal.

does anyone have any idea what will happen, what kind of punishment I will get. If I get a criminal record, I will never get my life back on track. I about to be sack from DWP too, losing my house because I'm bankrupt, and we can't afford to stay on one wage.

I am so frightened and need some advice.

I'm seeing a solicitor on Thursday.

Its for about £7500, overpayment from Jan 2012 to July 2013, I started paying back this month.

Couple of questions ... was the form blank or completed when you signed it?

Do you have an appeal against the decision still waiting to be looked at?

It was filled in by my mum when I signed it. I have a letter from my psychiatrist that says even if I had read it I was too ill at the time to remember what was in it, and would have been too ill to complete the form.

I was claiming DLA for bipolar disorder. i have been working for DWP too. I got interviewed under caution by fraud department in the summer. I have now been summons to appear at the magistrates court. they say I failed to report changes of circumstance. Looking at it now I can see things changed, but I didn't complete the form, I just signed it, my mum filled it in. So I had no idea what was on it.

I am appealing the DLA decision, trying to get at least lower. I suffer with depression and mania, and am suicidal.

does anyone have any idea what will happen, what kind of punishment I will get. If I get a criminal record, I will never get my life back on track. I about to be sack from DWP too, losing my house because I'm bankrupt, and we can't afford to stay on one wage.

I am so frightened and need some advice.

I'm seeing a solicitor on Thursday.

Its for about £7500, overpayment from Jan 2012 to July 2013, I started paying back this month.

It was filled in by my mum when I signed it. I have a letter from my psychiatrist that says even if I had read it I was too ill at the time to remember what was in it, and would have been too ill to complete the form.

If you had a court summons to attend a magistrate court ?

The solicitor your seeing on Thursday is best placed to advise you.

Good Luck ...

Yes, your solicitor is best placed to advise as you are apparently being charged with a criminal offence. Each case like this is different, and a court will look at the circumstances of each defendant individually. Because of this, anything we tell you would merely be speculation.

So all I can offer are a few general comments.

Things that can sometimes mitigate the offence (make it less serious in the eyes of the court) include the mental or physical health of the defendant; cases where the defendant is repaying the amount overpaid; and cases that were not fraudulent when the claim was made - that is, the defendant was entitled to the money to begin with, but failed to inform the DWP of a change in circumstances that reduced or removed that entitlement. Note that even if a court accepts that some mitigation applies, it does not necessarily mean that no offence was committed. It might, however, serve to reduce any sentence imposed.

Under most circumstances, your signature on the form makes you responsible for the information supplied on that form, even if someone else completed it for you.

I stress again that these are general and speculative points - be guided by your lawyer and if anything they say contradicts something that we post here, they are more likely to be right than we are.

thanks for your responses. The claim was legit in their eyes to start with, and a benefits advisor says that the level has just changed. though she said the way I have been since coming off it makes me entitled to middle now. Its just so crazy.

It was filled in by my mum when I signed it. I have a letter from my psychiatrist that says even if I had read it I was too ill at the time to remember what was in it, and would have been too ill to complete the form.

That psychiatrist letter may help as it saying you were not well and aware when you signed the form but it's after that how was your memory and your awareness, make sure you have plenty evident about your bipolar and also have a breakdown of your day to day life and activities, I know bipolar sufferers are not always aware of their daily life, my sister suffer from bipolar so I have an idea about the illness most of the times she does things she is not aware of she'll go out and buy the wrong stuff all the times for example instead of buying essential food items she would come back with something totally different like a paint brush or something and not even aware of it, your illness might help your case a family member can write down about your illness .

Hopefully your case won't be that bad because of your illness. About paying back you can only pay what you can afford no one can make you pay any amount that you cannot afford, the court is quiet good that way because once it has been stated in court the amount you pay towards the debt no one can change it that's the amount you will pay unless your circumstances changed and you can afford to pay a bit more.

I was claiming DLA for bipolar disorder. i have been working for DWP too. I got interviewed under caution by fraud department in the summer. I have now been summons to appear at the magistrates court. they say I failed to report changes of circumstance. Looking at it now I can see things changed, but I didn't complete the form, I just signed it, my mum filled it in. So I had no idea what was on it.

I am appealing the DLA decision, trying to get at least lower. I suffer with depression and mania, and am suicidal.

does anyone have any idea what will happen, what kind of punishment I will get. If I get a criminal record, I will never get my life back on track. I about to be sack from DWP too, losing my house because I'm bankrupt, and we can't afford to stay on one wage.

 

There isn't such a thing as punishment under the human rights act no person should be punish but treated accordingly, you may get some sort of record perhaps fraudulent but of course no one can tell for sure until you go through the court case.

I am so frightened and need some advice.

 

Do not be frightened just put your point across about your illness very important and get as much medical evident as possible that would help.

I'm seeing a solicitor on Thursday.

 

That would help the solicitor will be able to tell you on what ground you'll be charged

Have you appealed the original overpayment decision?

If not, how long ago was the overpayment decision?

thank you all so much for you help.

I put an appeal in for the DLA decision, should be heard April, got a good benefit advisor who says I'm still entitled, just lower amount.

At the solicitors tomorrow, so fingers crossed he is good, and knows about benefit fraud and mental health.

Maybe ask the solicitor if you can get a postponement until after the appeal, as it sounds as if the appeal will have an effect on the level of overpayment and also on the details of the case.