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kk3852 last won the day on March 14 2013

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  1. Thanks Tom Tom Also (but this relates to the 'rule of thumb' amount being £2k) https://www.cps.gov.uk/legal-guidance/legal-guidance-prosecuting-welfare-rural-and-health-division-cases
  2. Rule of thumb is that any overpayment over £3k is considered for prosecution. That includes housing benefit. You do not say whether you get income related ESA or not. If you do your wifes earnings would be taken into account in the assessment but she would be allowed to work up to 24 hours a week. However she would only be able to earn £20 a week before affecting your benefit. It is also likely that even if you were not entitled to ESA(IR) that you would be entitled to either all or some HB on your wifes income. I would say that the longer it goes on the worse it will get. You could just write everything in a letter to the benefit centre - it might not even get sent to fraud.
  3. Not much point in making a complaint until the reasons for the overpayment are known. Is is a non-state pension ?
  4. As a jobseeker you may have fallen into one of these categories https://www.entitledto.co.uk/help/EEA_national_retained_worker_definition
  5. There is no right of appeal against a suspension of benefit - and therefore no right to ask for a mandatory reconsideration. I think that your SAR is the correct way to go as this may show that PC were aware of the money from the sale of your property before the AIP was set. If they were not and the AIP was set incorrectly it may mean an overpayment of PC
  6. Assessed income periods are usually set for 5 year periods. You say that you first had an AIP from 2014 but that you sold the property in 2011. You say that you reported the profits from the sale of the property and that you were sent a form to complete which was not included in an envelope. Did you ever chase this up ? Was a decision on your entitlement to PC made at this stage ? Did the amount of PC you received change after you declared the money from the sale of your property? You are correct to say that an AIP means that you do not have to report any change in capital but your capital was held prior to the AIP.
  7. Without any information as to the amount of money received for the sale of your flat it would seem that they are treating you as still holding money in excess of the savings limit to receive Pension Credit. I can see in your post that you say that you have given children and grandchildren 'the allowable limit' - there might be an allowable limit for income tax purposes but there certainly isn't for Pension Credit. You also say that you have invested into an ISA and Life Assurance Policy. Monies in an ISA count towards the amount of capital held - it is also likely that the money you gave to children and grandchildren will also be treated as 'notional income' as if you still have it. I am not sure about a life insurance policy and refurbishing the new flat as any expenditure needs to be reasonable and necessary in order to be accepted. Your Pension Credit will have been suspended pending a decision to make sure that any overpayment does not continue. If you have an entitlement to state retirement pension that should continue to be paid. I have attached a link to a fact sheet - see the paragraphs about notional income and deprivation of capital https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf
  8. Once you add together all the elements of UC, including child allowances and housing elements many awards of UC are above £1001, so there would be some payable
  9. 1. Yes 2. No such thing as a caution for fraud offences - all dealt with by an ad pen or prosecution. 3. No 4. DWP single fraud investigation service Hope that helps
  10. Hi, I might have some things wrong because I haven't worked on benefits for a while BUT - sorry for the bullet points but its better than rambling on. *your benefit stopped being paid when you moved in with your partner. *because you had been accepted as being unfit for work, moving in with your partner just stopped the payments and not the underlying entitlement to IS/ESA as you were still unfit for work but not entitled to any benefit because of your circumstances *so the claim will still be open and you will be awarded national insurance credits *if they had been aware that you had started work your claim could have been closed down *you mention that the visiting team had been trying to contact you, that suggests to me that whatever your incapacity is/was meant that you were classed as being in a vulnerable group (ie, higher rate DLA etc) so they cannot just close down your claim without contacting you *your address will have been updated on the computer system as it is shared with HMRC but that will not show the DWP when you started work I would suggest that they best way to sort this out would be to write to them, or probably better to contact the visiting officer to tell them that you were not aware that your claim was still active and to give them the dates that you started work.
  11. It sounds as if you have never actually closed down your claim for sickness based income support or ESA and that your claim continues as 'credits only'' This means that you are being awarded a national insurance credit and still have to be assessed as being unfit for work. Have you ever written to them and asked for your claim to be closed?
  12. Perhaps the first thing you should do is to rewrite this thread with bullet points so that it is readable. You might get some help then
  13. It is very unusual for the benefit overpayment to be paid to the Court unless a confiscation order was sought under the Proceeds of Crime Act which came into existence in 2002. I am unsure when the DWP started to use this to recover overpayments when assets were held. I would agree with BazzaS that it is more likely that the money paid to the Court would be a fine and that the benefit overpayment might still be outstanding
  14. What part of the jobcentre is the letter from? If it is from compliance it may be that they have received information from HMRC that payments have been made,
  15. With all due respect DWP investigations have moved on considerably since the 70s. That was the day of the 'special investigator' as they were then called. Regulations have now been formed following court cases which have set precedence. Neither is it possible to 'just do a bit of following around' There is no such thing as a '3 night rule' every case is looked at on its individual circumstance.
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