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Life-Goes-On

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Everything posted by Life-Goes-On

  1. BTW did you get your overpayment checked to see it it was correct?
  2. I totally disagree with the advice from CAB, it's not what it looks like it's evidence that matters. The person you spoke to doesn't decide if it's fraud, only a court (or a guilty plea) decides that. Under NO CIRCUMSTANCES admit it was fraud, that's why you need a solicitor with you. It can be suprising what a person will admit to even if it's not true. Intention can be assumed for not telling of changes, but it is looked at with other evidence. (a big plus for you in you came forward )
  3. You won't really know where you stand until you find out how far back they are looking to go. (The further back the more chance of being taken to court for fraud, and normally the harsher the punishment if found guilty ) There are different rules, an overpayment is based of the balance of probabilities, but fraud is beyond a reasonable doubt. You don't have to go to an IUC but personally I would and take a solicitor with you.
  4. What you will need to do with try as best you can to show you wasn't a couple. Will his parents confirm that he lived their and wouldn't let him us their address?
  5. Great When(if) you get ann overpayment letter, someone will see if it's correct. Tax credits are normally easier to deal with and just want their money back (with or without a penalty) If it was other benefits such as housing, then you could have been looking at a IUC, and a wait to see if you were charged with fraud.
  6. Yes, they will certainly take into account utilities, loans, and car registration. You don't have to live together to be classed as a couple for benefits, they will look at the whole picture. They look at many things, such as shared finances (sharing bank accounts, utilities bills) where mail goes, any loans, would people consider you a "couple" What will also count against you is that you wasn't honest from the start, they had to catch you, so are much less likely to believe you. You need to get in touch with CAB/ Welfare Rights/ a solicitor ( who knows about benefit law) You can get a delay for the IUC while you sort one out EDIT PS prison is normally unlikely
  7. Make sure you get all the information about the times you contacted them. With any letters if you sent them recorded or got proof of posting. Any phone records, bills showing the date and time of calls etc.
  8. Yes you can get it delayed They could never say it is fraud if you don't, as it is not them that decide and there can be mitigating circumstances. What they have to do is prove beyond a reasonable doubt that you intended to commit fraud, and it wasn't just a simple mistake. I understand how worrying this will be to you being a teacher and the wait can be the hardest thing. (it can take months after a IUC to here) Personally I do hope it's good news as I don't believe what you did amounts to fraud.
  9. It would be up to a court to decide if it was fraud. You claimed money that you shouldn't and people do get prosecuted & convicted by "forgetting" to inform within the allowed timeframe. But the fact you came forward first admitted your mistake will count heavily in your favour. The IUC will help them to decide if they are going to prosecute you for fraud,. Get in contact with CAB, Welfare Rights, and/or solicitor (who knows benefit law) When is your IUC?
  10. It would be the £9.50 holiday the The Sun paper offers.
  11. Personally I would be proactive as now possible. I would contact them admitting your mistake, asking them if they need any more info and cooperate fully. Once you get your overpayment letter, someone on here will let you know if it has been worked out correctly.
  12. You do have some good news, claiming fraudulently from HMRC (tax credits) there is less chance of being charged with fraud, than if it was the DWP (would say almost certain with DWP for £15K) Not saying you won't be charged, but less likely. Best thing to do is to be totally honest with them and cooperate fully. I believe there will be a penalty (a percentage) as will as the overpayments.
  13. Is it just HB or also tax credits are at issue?
  14. I can certainly see an issue that needs dealing with. A working man claiming he has two temp places so both people at the places can claim full benefits.
  15. glen, don't be nervous about the "medical" just expect to fail and score zero points, you might get a result but sadly this is become less likely. Just don't get disheartened and lodge an appeal if you do fail. Do you see a Dr about your problems currently?
  16. Sadly with an ATOS medical that's not even needed. Being green and having rigamortis might just score you enough points.
  17. It seems madness that the DWP & HMRC don't follow they same procedure. The risk of prosecution will vary from whict dept a person thieved from.
  18. What CAB are talking about is a reconsideration. The DWP will do a reconsideration (look at it again) if they do not change the decision then it goes to appeal. It's the date on the letter, but if you ask for a statement of reasons, then I believe you get an extra two weeks. (hopefully someone can confirm this. As long as you get a doctors fit/sick notes, you can still claim ESA while appealing.
  19. I have falls one day it ended up with a very sore knee and leg (black n blue) (hit door fame as I fell) I went to my Dr surgery and saw the nurse ask he to have a quick look and to put it no my record. It went to appeal, I told the panel about falls (the DWP stated I didn't fall opposite to my DR report), and how there is even on my record that I have injured myself while falling. I ended up winning.
  20. I've not read any info from DWP that starting work is a COC. In the link from the DWP reads "Disability Living Allowance and are about to start or return to work, your Disability Living Allowance will remain the same as long as your care and/or your mobility needs have not changed" How would anyone reading that think you need to tell the DWP? it reads more like there is no need to tell them as long as as there is no change in needs.
  21. Then the DWP needs to update the info they give as they only talk about the need to report it if care/ mobility change. http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000377
  22. I'm not understanding why going to work would be a change of circumstances if nothing medically has changed. If you have improved so are now able to work, you need to tell them, but it's the improvement that would be the issue.
  23. As a side issue, are you claiming travelling costs? http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018959
  24. What I am saying if a person bought an item (say a necklace) for a tenner wore it once then sold it for £100 that's fine. If a person bought a necklace 3 times a week wore it once each time and sold it for £100 each time it would be classed as trading. Same event, but done regularly then the rules change.
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