This makes me so mad, there are so many cases like this. With Carers allowance everything is done through DWP and it's dependent on the disabled person getting DLA so it stands to reason so many people don't realise that it is affected by income as DLA isn't. I've been through this recently and it was apparent that the prosecution had so many cases they didn't know if they were coming or going and never reviewed my case properly so have been backwards and forwards to court only to turn up on the day of my trial and for them to offer no evidence so the case was dismissed, which was great but had they reviewed it properly in the first place it should never have gone to court. I can only strees what everyone else has said, you really do need legal advice, especially as it's such a large amount of money involved. I had lots of evidence to back up my case, i.e I had informed Income support, I received less housing/council tax benefit as a result of declaring I received Carers. Not to mention lots of legal points that were picked up by my solicitor.

A word of advice for anyone going through this if you know you have not intentionally done anything wrong be prepared to fight. Get advice from the CAB and make sure you get a solicitor who knows about benefits. Also don't settle for the first solicitor find one you have confidence in. I was declined legal aid but felt so strongly that I was going to get myself into serious debt to fund my defence. The tribunal judge decided the amount to be repaid was under half of what they were claiming I owed and also wrote a report stating that it was clear there was no criminal intent and after reading through the case he was surprised that I was being prosecuted. However the DWP continued to press ahead right up until the trial date when they turned up and offered no evidence so the case was dismissed. It was very frustrating as each time we went to court not only was it adjourned pending the tribunal but it was also clear that the prosecution had not reviewed the case properly. My solicitor repeatledy asked for them to review the case but I was oviously just another one in the pile. Even at the trial the prosecutor (who I must say was very nice) had no idea of what was going on and had to make a few frantic phone calls, he than told us they were dropping the case. Sadly this has cost the tax payer thousands, you have to laugh at the irony. The tax I pay has gone towards trying to prosecute me and now my solicitors fees are going to be reimbused in the same way, by the tax payer (of which I am one). As much as this was a great relief, it was also very frustrating as the amount of money wasted pursuing this when I had so much evidence to support my case. I was not trying to defraud anyone. I had made a mistake and am devastated at doing so. Luckily I had kept all the paperwork to prove this.

Sorry for the delay but the first thing a good solicitor should do is ask for an adjournment of any court hearing pending the outcome of the tribunal to ensure that doesn't happen. That was the first thing mine did and the judges did not hesitate to grant it.

Hi Upsey I thought I'd start a new thread hoping the title would catch someone's eye. I realise the Court cannot alter overpayments that's why I was asking for advice for the tribunal regarding underlying entitlements. Thanks anyway

Can anyone please help I have a Tribunal for Carers Allowance overpayment coming up and I'm trying to find information on underlying entitlement. Basically I'm asking for the amount to be reduced as I believe I was overpaid CA but this lead to an underpayment of various other benefits to which I would have been entitled ( mainly HB & TC). I have read many times that underlying entitlement should be taken into consideration when deciding final amount but can't find any legislation or examples/cases to support this. PLEASE HELP

Hi Springboard It's all still on going at the moment, I have my tribunal in a couple of weeks then court case after. I think I have the court side in order but the tribunal has crept up without me realising. I've been so busy ( & stressed) by the court side that unfortunately I have not done any preparation for the tribunal. Can anyone help with any examples of legislation ( or other cases) about underlying entitlement to benefit. I am trying to get the amount of over payment reduced as I had declared Carers Allowance as income to housing benefit and tax credits so therefore received less than I was entitled to from them. So whilst over paid carers I was under paid housing and tax credit. Unfortunately they are taking the line that as it was my mistake in the first place...tough!

Thanks Note to self: Must come back and report what happens, good or bad

I have got a solicitor but received the summons with 11days notice of the court date. I have spent the last week running around trying to get a solicitor ( which in itself is no easy feat) I now have one I am happy with and who is outraged by the lack of compassion about these cases. I am absolutely devasted to find myself in this position, especially when I first started work I was working under 16 hours and on income support & my employer kept asking me to do overtime but I wouldn't because it would affect my IS (to which she is willing to testify). What I am not happy with is the charge is : failing to notify (which I agree to) knowing it would affect my entitlement to benefit (which is the bit I dispute) so was really hoping someone had some info on a similar case

Why is it that for serious crime the onus is on proving guilt beyond reasonable doubt, but as this is a charge that doesn't imply dishonesty (ridiculous as it's classed as benefit fraud) it looks likely I'll receive a criminal record for a mistake, despite being able to prove that I declared it elsewhere, so it was unintentional.. Frankly.... the law is an ass!!

Thanks for your reply. It's a minefield I just wish common sense would come into play. If I was trying to defraud I definitely wouldn't be declaring it on other benefit forms or be working for local government on PAYE. I'm even more confused by your comment about carer's premium on HB, is this different to CA & something I would have received? From what I gather the amount to be paid back is not covered by the prosecution as this is going to tribunal. However I have been told that the reason I am being prosecuted is the amount overpaid, yet if I am entitled to underlying benefit this could be greatly reduced.....confused? Welcome to my world!!

Apologises first if I have listed this in the wrong place, I am new to this site. Help desperately needed. I have been charged with 112 (1A) for failing to notify change of circumstances. A brief summary is that my son has autism and receives DLA so I was advised to claim carers allowance at the time I was not working. I also received income support, then I started part time work for which I advised income support but was still eligable as my hours were under 16 per week. About 6 months later my hours increased and I came off of income support (who I notified of the change, also notified housing/council tax benefit) However for some reason I believed carers allowance was the same as DLA and not dependent on earnings...A fatal mistake!!! I had no idea I was commiting fraud until I received a letter instructing me to attend an interview under caution, even then I had no idea why until a frantic search on the internet revealed my mistake. I was devasted but knew it had been a mistake so went to the interview and told the truth. I had declared receiving CA on my housing benefit forms (which I have the award letters for which clearly show I have declared my earnings and carers allowance) I also declared it on my working/child tax credit forms as taxable income). After the interview I received an overpayment notice of approx £6000, which I have since been disputing as I believe that I would have been under paid on housing benefit & working tax as I declared this as income, so the amount actually received would have been no where near. I have stated that I realise these are different departments but basically as it's all public money it comes from the same pot. To which I have received standard letters which don't actually address my questions. I sent a token payment of £20 and asked to pay this amount montly to clear the debt. Again the response was a standard letter which didn't answer if this was acceptable. The last letter I sent I asked for the amount to be looked at again and could someone please answer if this amount was acceptable. To which I received a mass of paperwork stating it was now going to tribunal but it would not be heard beford Sept 2011. I then kind of breathed a sigh of relief as at last maybe someone was listening....how mistaken I was!! Stupidily I thought this would be recognised as a mistake but 11 months after my interview I have received a court requistion. With just 11 days between receiving it and my court date I have spent the time frantically searching for a solicitor (one who is passionate with regards to this and not one who just wants to go for the easiest option) I am asking if anyone has any advice or can quote any previous cases that may be useful. Also I read somewhere that a person should not be prosectuted if there is reason to believe they would have qualified for other benefits instead, but can't find where this came from, does anyone know?? Please help I have a lot riding on this as I may lose my job and as I am also doing an OU degree in criminology & psycology, which will become pointless if I receive a criminal record. I realise I made a mistake but it was a mistake and it seems ludicrous that this error could sent me back to benefits instead of away from, as I was trying to by returning to work.