Benefit fraud

[sandygirl]

Hi, I have a friend who has just been given a court date for dishonestly claiming benefits. is there a difference between this and benefit fraud? this has been going on for 18 months and as she has mental health issues has really pushed her close to the edge, she admits she was wrong and is going to plead guilty. she had a letter off the dwp solicitors giving information about fines and how pleading guilty is best thing to do etc. does this mean she is likely to get a fine? does she have to go to court? she has commented that she'd rather die than go. any info much appreciated thx.

[RaeUK]

Hi hunni,

I can't give you the help your friend needs but I'm sure others will pop by over the coming days.

To my mind 'dishonestly claiming benefits' would be the same as 'benefit fraud'.

I think your friends mental health condition is important. I appreciate it may be very difficult for her, but it may be much better for her to attend the court so that the magistrates can better see and understand her condition in relation to what has occurred. It may well have mitigating factors.

Best wishes to her.

Rae

[dragonkeeper]

Hi sandygirl

i agree with Kelcou exept for magistrates court, although it is a seems quite a lot more pressure, your friend should elect to be tried in County Court. Magistrates court seem to treat the offence a very heavy hand, were as County Court looks into all mitagating circumstances, HEALTH, how quickly your held your hand up to the offence and the fact your are ( I presume) making good on repayment mis-claim.

keep your friend calm as stress can only make it worse

Your friend should get in touch with a solicitor. I believe they would give you the same advice.

 

best of luck for your friend

[RaeUK]

dragonkeeper, interesting post. This is not my forte so I'm not aware of whether you can change courts etc. I will say that I have - over many years lest anyone think me more of a scalliwag than perhaps I am - attended both magistrates courts and county courts. The latter have certainly been more humane. [That said, of course, I guess it may be dependent on the reason]

Perhaps an area to investigate?

Best wishes

Rae

[Animal Lover]

Your friend MUST attend the hearing and this will be clearly stated on the summons. If they do not a warrant is likely be issued for their arrest. Magistrates courts will refer cases to Crown Court if the seriousness calls for a heavier sentence than they can impose. If your friend pleads not guilty the case will be referred to Crown Court. Be aware that if your friend is then found guilty a Crown court is likely to impose a heavier sentence than magistrates. County courts only deal with civil matters.

[dragonkeeper]

Sorry sandygirl

 

in my previous I should of said Crown Court as in Animal lover post.

While the magistrates court can deal with your case, you can still elect to have heard in Crown Court. Your solicitor will be the one best suited to imform you as he will have all your relevent facts.

Again sorry for my slip with the wrong court.

Edited April 28, 2010 by dragonkeeper
incorrect word put in

[RaeUK]

Ooops! That'll negate my post then! lol.

Best wishes

Rae [now known as a serial offender...]

[dragonkeeper]

will that be cruncy nut serial Kelcou

[sandygirl]

does anyone know if it will likely being a fine given the info she has received.

[ErikaPNP]

No-one can pre determine the punishment a judge will impose. Particularly as there are no details in regard to the case.

[dragonkeeper]

No-one can pre determine the punishment a judge will impose. Particularly as there are no details in regard to the case.

 

agreed

 

even your solicitor could not second guess a Judge or Magistrate

[sandygirl]

ok, so why send info on fines and an incoming outgoing money form then?

[honeybee13]

Mental pressure and bluster, I would think sandygirl. Keep calm and you'll get there with our help.

 

HB x

[ErikaPNP]

Because this is one of the punishments that can be imposed. They may well be considering a fine instead of going to court and be trying to negotiate a plea, in the same way that an advocate can impose a fine (In Scotland known as a "fiscal fine") as a direct alternative to court if a person is prepared to plead guilty to the offence.

 

The income and expenditure form will be so that they can determine and negotiate an acceptable rate to pay a fine if that is the punishment that is imposed.

 

She may also receive a form like this for the purposes of repaying the overpayment which resulted from the fraud. In every case of fraud the money obtained dishonestly had to be repaid; this will be in addition to any other punishment imposed.

[sandygirl]

thanks Erica, how will she know this?

[ErikaPNP]

If they are planning offering a fine as an alternative, then they will discuss it with her defence solicitor, and her solicitor will in turn discuss it with her. It is very unusual to do this after a court date is set but it isn't entirely unheard of either. But as I said they may well be just gathering the information so that they negotiate the payments if a fine is imposed.

[sandygirl]

you're right about mental pressure, it's been 18 months of nothing and now this, cruel i call it. she co-operated fully and attended interviews even though she needed tranqs to get her there.

[dragonkeeper]

Hi sandygirl

 

Unfortunately it may get a bit more stressful down the line, but you seem to be a good friend to her, just try and keep her calm as there is a light at the end of the tunnel.

as for further advice to save clouding the issue's my thoughts are similar to ErikaPNP (site team), but I'm still here for moral support.

the more she worries the worse it will seem.

Now it's time to think positvely

[Bustard]

Re: please help - interview under caution

http://webcache.googleusercontent.co...&client=safari

 

Edited May 3, 2010 by ErikaPNP
commercial links removed

[dragonkeeper]

Re: please help - interview under caution

http://webcache.googleusercontent.co...&client=safari

 

Hi Bustard

:-? Not sure wether you need advice or are giving advice?

[Bustard]

Hi Bustard

Not sure whether you need advice or are giving advice?

 

Can't say much - too many people watching - it was just a copy and paste job from another thread

[loopinlouie]

Hi Bustard

Not sure whether you need advice or are giving advice?

 

Can't say much - too many people watching - it was just a copy and paste job from another thread

 

Too many people watching:confused:

[dragonkeeper]

has Alice in wonderland hi-jacked this thread

[commiekips]

Too many people watching:confused:

Is that a problem? How?

[jabba jones]

Re: please help - interview under caution

http://webcache.googleusercontent.co...&client=safari

 

 

This appears to be an exam for Trainee Local Authority Fraud Investigators in Scotland.

 

I really don't see the point of putting it on here. There's nothing in it you won't be able to look up elsewhere (if you really wanted to know it!), it doesn't give away any secrets/methods & I can't see it helping anyone with their problems, only confusing them further.