Jump to content

sunny jim

Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by sunny jim

  1. She needs to immediately appeal the Notional Capital decision to deny CTB & if that is unsuccessful take it to Tribunal.
  2. As to whether or not you could face custody; check out page 25 of the following guide http://sentencingcouncil.judiciary.gov.uk/docs/web_sentencing_for_fraud_statutory_offences.pdf hope the link works as the forum has tried to stop me posting it
  3. The Judge at the appeal has a different burdon of proof to that at any criminal prosecution. The Appeal Judge looks at the "Balance of Probabilities " as opposed to "Beyond reasonable doubt"
  4. If probation deem you unsuitable for a community work order I've seen other sentences of suspended jail terms; tagging orders; conditional discharges or fines.
  5. Sorry abc123def but I can't see what your mate has got to do with it. Hine Moa has clearly stated in her earlier posts that she has received a summons to appear at magistrates court to answer charges under s111A Social Security Administration Act. If she fails to attend they will issue a warrant of arrest.
  6. s111A is an either way dishonesty charge so could be heard at Magiistrates or Crown. So if you wanted you could insist on a Crown Court Trial & deny dishonest intentions. When an overpayment is over £25,000 then the magistates have to refer the case to Crown for sentencing. As your intention appears to be pleading Guilty at the earliest opportunity it should stay at Magistrates. However it is unlikely to be done & dusted in a day. The court will usually request a probation report to consider your suitablility for community work - so expect to be bailed for a fast delivery probation report & then return for sentencing. The magistrates will reduce the sentence by 1/3 for an early guilty plea.
  7. The council obtains a Liability Order from Magistrates Court to secure their debt & allow them to pass it to the bailiff if you don't make a payment arrangement. It is entirely seperate to the Criminal Case against you [ie:making a false statement to obtain benefits] Repayment of the fraudulently obtained benefit can be used only as mitigation in the criminal case.If the Council & DWP decide they have enough evidence to secure a prosecution then you will receive a joint summons so that the entire alleged fraud can be put before the Magistrates.
  8. Firstly the DWP will have to adjudicate whether or not you were living together as husband & wife. This can take months. You have a right of appeal to any decision they make. You need to ensure they have all the facts to make this decision because so far it is all circumstantial. eg: Can he prove he had an alternative address? I can not post links but suggest you look at advicenow.org.uk under living-together/money The investigators who interviewed you are legally bound by Crimininal Procedures & Investigations act to follow the evidence whether it points to or away from proving you committed an offence. All this is before any decision will be made as to action regarding a possible criminal offence of failing to declare changed circumstances or making false statements.
  9. It is not a case of knowing it was your responsibilty to notify the council - what effect did you think it would have on your benefit entitlement? eg: if your income increased - do you think you would get more or less benefit help? It is an offence to fail to promptly declare a change in circumstances that you knew affected your benefit entitlement.
  10. An IUC is governed by PACE - you can bring a solicitor but from what you've said I wouldn't bother. The purpose is to establish the facts of what has occured. ie: Whether or not you made false statement or failed to promptly declare a change in circumstances that you knew effected your entitlement to benefit. Whether you did this with dishonest intentions. Following an IUC the Local Authority will decide whether to a] Take no action, b] Offer Ad Pen (30% o/p fine), c] Offer Caution, d] Prosecute. If a caution/ad pen is refused then you could be prosecuted. It is rare an LA or DWP will prosecute for anything under £2000 as it is not cost effective. Where a full & frank admission to every element of the offence is given at IUC they usually offer a Caution [assuming you have no previous similar offences on record] These actions are taken in addition to collecting the o/p.
  11. Loxxlo - how quickly did you tell them of your hubby's new job? It is an offence if you fail to notify them PROMPTLY of changes you know affect your benefit entitlement.
  12. You state you have made a factually incorrect statement regarding the date of move. The issue in question therefore is why & whether or not you did it deliberately to obtain the extra benefit. If you refuse to attend the Interview Under Caution, the Council may feel they have enough evidence to take the case to court anyway. If you attend the interview you have an opportunity to give them your explanation. Take a friend for moral support. Assuming you have previous good character it is unlikely for such a low value case to go to court. They are more likely to offer you a Sanction as an alternative to prosecution. If you refuse a Sanction they retain the right to prosecute you. To receive a Formal Caution you must fully admit the offence when interviewed under caution. The other Sanction available is an Administrative Penalty - a sum equal to 30% of the overpaid benefit. A record of the Sanction is then kept on a National Database.
  • Create New...