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Everything posted by kk3852

  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.
  16. It really depends on the reason why you struggle with your ability/disability. I have recently seen a decision where someone said that they experienced regular unpredictable collapses and loss of consciousness. The DM (quite rightly in my opinion) said that if that was the case then they should not be driving. Their driving suggested that they were not as incapable as stated on the claim form
  17. I hate to be critial - but if you are so well qualified why have you managed to post the same thread multiple times - and why are you still looking for work after 2 years. Perhaps it might be worth coming down off your high horse and begin to engage with the people who are paid to ensure that you receive benefit
  18. In a way they are correct - all cases are referred for a medical opinion - if following the information on the ESA50 and the medical evidence provided it is decided that your incapacity for work is not in doubt then you will not be seen - it will be decided on a paper medical. So even if you are not seen - your claim goes through the medical process.
  19. Sorry, I have given up trying to explain it to you. It doesn't really matter what you believe, it matters what the CPS and the Court believe. The bottom line is that you failed to declare assets and that is a criminal offence. Your signature was under a declaration saying that you have provided all of the information requested and that you may be prosecuted if you have failed to do so. Good luck in getting your conviction reversed
  20. All claim forms have very direct question with Yes or No answers. If you have answered everything else correctly, can't you see that it would look like a deliberate intention to hide assets if you responded No when the answer was really Yes.
  21. Section 111A of the Social Security Administration Act (1) If a person dishonestly: (a) makes a false statement or representation; [or] (b) produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular; with a view to obtaining any benefit or other payment or advantage under the [relevant] social security legislation (whether for himself or for some other person), he shall be guilty of an offence. There is an 'Or' between 1(a) and 1(b) indicating that both offences do not need to be used. As for S115A - it is for the CPS to decide on which offences are to be charged- you say that you have been convicted of a S111A offence which as I said before is one of dishonestly failing to make a false statement or dishonestly report a change of circumstances. If you are looking at the legislation it clearly says in the side bar 'Penalty as alternative to prosecution, colluding employers etc' A colluding employer is one who employs someone knowing that they are claiming benefit and then covers up for them when asked for information. If I am being honest - you are clutching at very thin straws. This should have been discussed with your legal rep prior to the court hearing. You do not say whether or not you entered a guilty plea or if you were found guilty following a trial. If you are hoping to get the result overturned you need legal advice.
  22. Time limits for a Section 112A offence (either making a false statement or failing to report a change in circumstances) are that the offences have to be laid within 12 months . That is either 12 months from the date of the false claim or the end of the overpayment period if it is a failure to report a change. There are no time limits for a Section 111A offence which is dishonestly failing to report a change or dishonestly making a false statement. CPS can also issue charges under the Theft Act or Fraud Act which also have no time limits as far as I understand. (but happy to be corrected)
  23. Check your paperwork that you were given after your interview under caution - there should be one which says 'what happens next' or something similar. Your overpayment letter should have a paragraph saying 'without prejudice to any further action' (sorry cant remember the exact wording off the top of my head). The team leader of the fraud team who interviewed you would have made a recommendation that they case may be suitable for prosecution but it is the CPS who decide whether or not to go ahead. There is a letter which is usually sent out by the investigator to let you know that the case is being referred to CPS, this would not form part of evidence. If you did not receive this I cannot see that it would affect the overall prosecution - again it is something that you would need to take legal advice on
  24. Its difficult to comment without knowing all the correct details but my understanding of what you are saying is as follows: - correct me if I am wrong You were claiming JSA and did not tell them about a share account. When your contribution based JSA ran out you were transferred onto income based because they did not know that you had savings. It is not the fault of the DWP that they continued your claim - you carried signing on and you did not tell them that you had savings in excess of £16k (I am assuming the £16k as that is the absolute cut off for means tested benefits). Had they been aware of these savings your claim would have ended and you would not have been asked if you wished to claim income related JSA. You were charged under S111A which is not a time barred offence, it also demonstrates dishonesty, for example, a false declaration on a claim form. It is possible that a decision was made not to prosecute you for the whole period of the overpayment but you say that the whole amount was read out in court so it seems that you were prosecuted for the whole period. I have no idea of whether the fact that one overpayment letter was missing from the bundle is anything that you can appeal against- you would need legal advice for this Civil Penalties do not apply when an overpayment has been found due to a fraud investigation. The investigators will not have been at all upset that you have worked all your life and it would have had no bearing on the way that they did their job. As for the prosecutor - I cannot speak for the legal profession but have been in court enough times to know that it isn't personal. There was nothing to stop you appealing the overpayment decision as soon as you were notified of the overpayment, in fact, the overpayment letter tells you of your rights of appeal. There was certainly a period of time between you receiving that overpayment letter and being told that you were to be prosecuted - why did you not appeal at that time? Sorry for answering in bullet points but it seemed the easiest way to address your questions. And I am sorry if my response sounds harsh but it sounds like you dont really understand what has happened
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