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my daughter is being investigated for benefit fraud

oh well i am truly (edit)...i was on disibiltiy from 2006 and thought i always was on it and due to gambling etc i never filled forms right so have been claiming wrongly and getting money....i cant do jail time and they want evidence of claims..well niow i know no way out....ohhhhh fffffs bye all......

Edited by ErikaPNP
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Hello, Pat.

 

I've moved your post to its own thread to attract more responses for you.

 

What disability benefits are you claiming?

What kind of fraud is it they suspect you of?

 

We may be able to help, but we'll need more information.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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ok here gos, i had an accident in 2004 which resulted in a brain injury,,then i recieved disibility when i began work again in 2007 and as i only worked 17 hours i claimed tax credits.. and so when i got the forms i just filled them in without reading them..anyhoo i got anew job..and basically due to my gambling aand addiction to painkillers i just kept claiming the tax credits...and now they have asked for my p60 ,eveidence of my disibilty etc..i am answering this because you have taken the time to reply back but i am basically (edit) and have no one i can turn to and i see no way out..i know its my own fault and i cant do jail..i have never committed a thing in my life.....am lost and my mental health is gettin worse.....thanx anyhoo for taking the [email protected]

Edited by ErikaPNP
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Hi again Pat.

 

It's really not clear what it is that you have done wrong, if anything at all. You are allowed to claim working tax credits with a disability when you work over 16 hours a week. Or did you not inform them of your change of job/hours./income? If so, did you inform them at renewal?

 

Is it not just maybe a compliance check? Tax credit do these on claims randomly, I've had them a few times. Though they can lead to further action if a person has claimed something they shouldn't have, where a claim is above board, nothing will come of it. I had an award increased after a compliance check.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Ok i have posted before..and this one seems similar..As i posted before i was in reciept of tax credits and at time was getting disibilty rate due to a head injury and i continued getting it when i began working which was 17 hours a week " iwas in this job for 2 years" then i changed jobs and got a full time job which i hav been in now for 2 and a half years...basically i have been an ahole by saying that i hav been only doing 28 hours a week..and when they asked to see my p60 and my claim for entiltement to disibilty rate i realised that i was still getting that rate..yes i have been an ahole and i agree i deserve what ever fines etc but i cant do jail..and no excuse but the last few years my mental health was bad "2 attempted suicides and luckily survived" My mental health is decling and have suicidal thought but was at a party recently and looked at my kids and realised thats not the answer..I WANT TO OWN UP!!!!! but i have a fear of Authority due to childhood traumas because i always expect the worse..I know i have no excuses i am just asking for help to find a way out of this....i have until 16 od october...please please advice if someone has it ...thank you

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now b4 i start i have done wrong and i dont need helpful advice on the thoughts that i deserve what i have comming.I had a head injury in 2004 and was on disibilty then i began work in 2006 doing 17 hours a week and was getting tax credits at disibilty rate. Then i left that job in 2008 to work full time and i was still claiming tax credits but not realisng or maybe not wanting to because of my depression and probs with painkillers and gambling.anyhoo i have recieved a letter asking for my p60 and eveidence of my right to the diisibilty rate of tax credits which basically i am sure that i am not now entilted to and i kept putting in my credit review form that i was doing less hours than what i am. What are my options? do i call them and admit what i have done? i am so afraid of going to jail and possibiltyy of losing my jobi just want to admit it and get it over with..i am suicidal in regards this..your advice would be [email protected]

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Moved to Benefits & Tax Credit Forum.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Hi again, Pat. Please stick to the same thead instead of posting a new one each time - it makes it easier for people to advise you properly.

 

You might still have been entitled to the disability element of working tax credit; as long as you work over 16 hours, you have a disability that puts you at a disadvantage in getting a job as outlined in the factsheet here and you are receiving, or have recently received, a qualifying sickness or disability related benefit as stated in the factsheet.

 

The difficulty you may face is the false declarations, in respect of the increase in hours and income. If you don't provide the information that they ask for, they will stop your current award and likely make a default decision that you were not entitled to any tax credit for the tax year, which means you would need to repay all the tax credit rather than what you have realistically been overpaid, and it could be made worse if you are non compliant. If you do comply and provide the information they will be able to make a decision based on the correct figures. If your full time work took you over 30 hours you would have been eligible for the over 30 hour element.

 

If there is no overpayment, you may receive a fine for making false declarations. If there is an overpayment, the course of action would depend on how much you were overpaid. If you still qualify for some tax credit, it is likely they will recover the overpayment by making deductions to an ongoing award. If you will no longer receive tax credit, they may make arrangements with you to repay any overpayment which arises.

 

Though dwp and local authorities are quick to raise prosecution proceedings, it is very, very rare that tax credit prosecute by comparison.

 

Examples of cases where tax credit would consider prosecution are:

 

  • In cases of organised criminal gangs attacking the tax system or systematic frauds where losses represents a serious threat to the tax base, including conspiracy;
  • Where an individual holds a position of trust or responsibility;
  • Where materially false statements are made or materially false documents are provided in the course of a civil investigation;
  • Where, pursuing an avoidance scheme, reliance is placed on a false or altered document or such reliance or material facts are misrepresented to enhance the credibility of a scheme;
  • Where deliberate concealment, deception, conspiracy or corruption is suspected;
  • In cases involving the use of false or forged documents;
  • In cases involving importation or exportation breaching prohibitions and restrictions;
  • In cases involving money laundering with particular focus on advisors, accountants, solicitors and others acting in a ‘professional’ capacity who provide the means to put tainted money out of reach of law enforcement;
  • Where the perpetrator has committed previous offences / there is a repeated course of unlawful conduct or previous civil action;
  • In cases involving theft, or the misuse or un lawful destruction of HMRC documents;
  • Where there is evidence of assault on, threats to, or the impersonation of HMRC officials;
  • Where there is a link to suspected wider criminality, whether domestic or international, involving offences not under the administration of HMRC.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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hey thanx for reply....i agree i do want to deal with this but i have issues with authority etc and i always expect the worse "not enough space here to explain why but basically childhood traumas and abuses....i am just trying to get up the courage but i fin dit hard and of course by not dealing with it my mental health is effected...i need to think...(edit)...thanx anyhoo

Edited by ErikaPNP
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Pat, I appreciate this is difficult. We may be able to help you to deal with this, but it does need dealt with to limit any repercussions - if indeed there are any to be had at all.

 

When you have the time, and have had a think, and have absorbed the information from my posts (and the linked document), let us know if you have any more questions and we'll see if we can help. We may need to ask you more questions to be clear in where your case is, and how we can help.

 

It is a lot for anyone to take in and deal with, but we may just be able to help.

  • Confused 1

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hey thank you so much for taking the time to reply. I am still all over the place with this prob but i was wondering should i put all this down in writing admitting or explaining what i have done and let the gods decide?? I have until the 18th October....

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Admitting that you misinformed them of your hours and income does need to be done, yes. Damage limitation. But also, send them the information they have asked for - you may still have been entitled to some (or perhaps all) of the amount you received. They can only work this out though if the information is given.

 

Were you receiving one of the benefits listed in the fact sheet?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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When i intially began work in 2006 at the hours of 17hrs a week part time yes i was on disibilty allowance. but when i beagn working full time i just thought it had stopped IE tax credit rate not realising i was still getting that premium.I never read letters correcttly..but only when they asked me for proof of that benefit did i realise i had been continually getting it..

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Are you still getting disability living allowance?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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No i am not on disibilty allowance..started working in 2006 as i said part time hours..so i was getting the tax credit premium for disibilty as i was working only 17 hours...and continued getting it whilst in that job..then began full time job in 2008 and thought it had been stopped..again i am a messy and very disorganised person sometimes i never completely read my mail..has caused confusion as i never read it right and totally get it wrong..so basically as i see it i would owe them money i had got for claiming the wrong amount of hours and the rate i was getting for disibilty??

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I think firstly Pat you should maybe speak to CAB or Welfare Rights to see where you stand - from reading your posts I'm a little confused; it appears to me that you may have been entitled to some of the tax credits you were receiving, but I'm not certain. I think you should try and get an appointment with one of these agencies (CAB or Welfare Rights) face to face - they are there to help you and are free services - you can find them through your local council.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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