benefit fraud. please help.

[mrsblobby]

Hi, im knew here. got a IUC soon. long story. moved to my adress years ago me and the kids. split from partner before i moved. claimed benefits as single parent. he was an alcoholic. he has now changed and we are back together told council etc. got a letter saying i MAY hav given the wrong date he moved in with me. Partner told me he used my address to get a job years ago as he had no fixed abode and never changed it. He done this not me. please help .

[Bustard]

see Citizens Advice or Welfare Rights or arrange a free interview with a solicitor , make a rough statement draft , also write out any questions you may want to ask the legal seagulls in said free time .

 

You may have to pay £40 - 50 on a Solicitor's letter which can carry some weight . You are allowed to read the solicitor's letter out as a statement covering all angles at the IUC , tell them firmly but politely that is all they'll get from you & leave once you've signed for the tape and notices but don't miss any vital part of the jigsaw out as they can draw adverse inferences in court .

 

They may try and draw a inference from just providing a statement - If they do that say it begs the question ....what was in the statement ? and you were legally well advised . A solicitor can't " ride shotgun " in a IUC .....he / she can only make sure you don't verballed or threatened or any other underhanded tricks i.e. comply with PACE .....the 70's " Gene Hunt " era is long gone .

 

Hopefully you won't get a court summons , and that's last you'll hear from them .

 

I accept that IUC investigators have to try and pick holes in stories that don't quite ring true & try to trip you up . As far as you're concerned you've cooperated though not necessarily in spirit .

 

Also Google Interview under Caution , Court for Benefit Fraud ....and pick the brains of Solicitors , Senior Welfare Rights & CAB staff , and others that have been in the same boat , as they want you on their patch and not knowing the rules of the game .....I'm afraid you'll have to learn them very fast .

Edited November 20, 2010 by Bustard

[mrsblobby]

had my interview. not good. my partner when we werent togeather has used my name and address for everything, banks, docs, etc. everything they had matched with when Im moved to my adress. They are now going to speak to him. I feel so ill now. Would kill myself if I didnt hav kids. He did not live me but all the info they hav shows he did. help!

[tinafromeast]

((((((Mrs Blobby)))) Wish I could help. Sending you a hug. Hang on in there, it will work out, you'll see x

[mrsblobby]

Thanks luvvy, i need sum diazepam. cant stop crying. x

[emmaf01]

He did it without your knowledge though. Can you get some help from CAB/community legal services? You need some good legal assistance to get through this.

 

You can get some help to get through this. Can he not make a statement saying he did this without your knowledge or consent?

 

As for tonight, I wish I could send you more than a hug. Read the threads where people have got through this and won. There are a lot of them. Hug your little ones and know you will get through all of this together.

[sunny jim]

Firstly the DWP will have to adjudicate whether or not you were living together as husband & wife. This can take months.

You have a right of appeal to any decision they make. You need to ensure they have all the facts to make this decision because so far it is all circumstantial. eg: Can he prove he had an alternative address?

I can not post links but suggest you look at advicenow.org.uk under living-together/money

 

The investigators who interviewed you are legally bound by Crimininal Procedures & Investigations act to follow the evidence whether it points to or away from proving you committed an offence.

All this is before any decision will be made as to action regarding a possible criminal offence of failing to declare changed circumstances or making false statements.

[mrsblobby]

thanks for all your replies, we hav now gone to see a solicitor, fingers crossed

[mrsblobby]

Hi im back, my partner handed in a statement typed up by solicitor. we had a letter at weekend from benefits lot saying they believe we hav lived as husband & wife, which is wrong. they hav asked for all my statements, wageslips from 2006 and also his, strange as they had all this at the iuc which they dug out! anyway the letter ends, pls provide this info quickly, IF YOU FAIL TO PROVIDE THE INFO, ADVERSE INFERENCES WILL BE DRAWN WHICH MAY RESULT IN LOSS OF BENEFIT. Does anyone know what this means? thanx..

[Aviva]

They mean that if you don't give them the info they have asked for they will assume it's because you are trying to hide something or are trying not to provide information that would show you are not entitled to Benefits (and possibly lead to an overpayment being created). So, they would stop your Benefit claim anyway.

[Animal Lover]

The reason you are being asked to provide this information is so the LA can assess whether your income meant you still had any entitlement to HB/CTB for the period they have decided you were LT.

 

If you do not provide the information then the whole overpayment will be recoverable.

 

If your joint income was low enough for you to still be entitled to benefit then the overpayment will be reduced accordingly.

 

This is called 'underlying entitlement' and LA's have to consider it before finalising any overpayment.

 

It is definitely in your interests to provide what they have asked for.

[mrsblobby]

hi, im back again. seems ages ago. The LA have decided we were lliving togeather, they are using the word 'probabilty'.. I am now appealing. They are still paying HB and CTB to us as we are a couple. (which they know). I am still very sick about it as it now lies in someone elses hands. Any advice please.....

[jadeybags]

They're basically saying as far as they;re concerned you were living together all along, but if it went to court, it would have to proven beyond reasonable doubt that you were.

If you have proof of him living elsewhere, the fact he had your address for his post isn't a given that he was living there on its own?

Did you not have mail turning up for him all the time?

Obviously you'll need to appeal the over payment.

[mrsblobby]

hello jadeybags,

some mail would turn up but I just binned it or gave it to his mum. He does hav an address where he stayed a short while but wasnt registered there as the person was sub-letting. We have not given the adress but will in the reply to the tribunal. It is so draining trying to prove your innocence. I hope it doesnt go to court. Surely if they were 100% they wouldnt let me appeal and stop my payments.

[jadeybags]

hello jadeybags,

some mail would turn up but I just binned it or gave it to his mum. He does hav an address where he stayed a short while but wasnt registered there as the person was sub-letting. We have not given the adress but will in the reply to the tribunal. It is so draining trying to prove your innocence. I hope it doesnt go to court. Surely if they were 100% they wouldnt let me appeal and stop my payments.

 

Well, if they are paying your benefit now at your current living together situation, then they wouldn't stop that anyway, as they know they're not over paying you.

They dont have to be 100% to prosecute you. But that doesn't mean you would be found guilty.

It is draining, & the waiting is probably the worst bit isn't it.

Hope you find the strength to stick to your guns & fight this all the way x

[mrsblobby]

Hi, got a magistrates court letter for 4 weeks time. The Dwp dont have all my evidence I sent to the tribunal. the amount they have quoted is very high but wrong, I sent wage slips to show this to the tribunal people. Help,very worried.

[Life-Goes-On]

Have you been in contact with your solicitor?

[mrsblobby]

Hi, yes, gave solicitor my forms for legal aid etc and my bundle from all parties. as I said before the DWP dont have all the evidence so what will happen in court. I work ina school and have children will this mess this up for me? My partner only used my address for doc, bank dentist, there is no evidence in the years before we got back togeather last aug so how can they say we have been living as couple. We also sent one address to tribunal for when my partner stayed but he was not registered there. The DWP dont have this. Help!

[Life-Goes-On]

mrs blobby, If you go to court and are found / plea guilty than it is a criminal record. Having one doesn't automatically disqualify you from working with children, it's up to the school.

[mrsblobby]

Hi, thanks for the replies, cheers bustard, u are so right :~)

I am not guilty as have not done anything. the only thing weve done wrong is get back together. My partner at the time used my address and in the years between when we had split up there are no credit cards, hols, etc etc in joint names. not a thing. I am more angry than worried though as its gone on for nearly a year now. I will update once solictor contacts me after shes had a butchers at my bundle.

[Bustard]

I would discuss with your solicitor ...as to how you will plead ....it seems debatable whether the prosecution is in the public interest if there is a lack of evidence on the DWP's part to nail you

[Life-Goes-On]

Looks like the DWP believes it has got enough evidence, but that doesn't mean they do have enough(EDIT or that you are guilty), that will be for the court to decide. You need to get your evidence to the DWP as it could change the decision to go to court, if not you can use the evidence at court

Edited June 15, 2011 by Life-Goes-On

[Bustard]

your solicitor is the go between he can have a word with the Prosecutor and give him a sporting chance ...otherwise he'll have to forcibly interject in court without putting the Magistrates backs up , basically the Court Clerk and the Magistrates want you in and out as quickly as possible .

 

The other interesting issue is costs ...if the DWP don't have enough evidence

[mrsblobby]

Hi, update and would like some help. Court coming up soon.... saw my solictor, she said its not looking good, (really helped, NOT) I am not guilty. Only evidence DWP have is 5 things that my ex partner at the time used with my address. There is nothing in between the time before we got back togeather and done a change of circumstances. 2 weeks before I told them of COC some ******* rang up saying he was living with me. Solicitor said can I get any witnesses to say ex-partner lived with them even though he was not registered. He has tried and they have either moved on or are druggies/alcoholics. i am very ill because of this. I work, have kids, trying to get on with my life. Anyway, I told solicitor I want this over, she said plead guilty so wont go to crown court if I cant get any witnesses. Is this a good idea. Spoke to partner he said can I plead guilty with a condition that I am not guilty but am saying it as I have no proof that he wasnt living with me at the time mentioned. Confused or what! HELP PLS xx

[mr2mr2]

in court w dwp..

plead no guilty = u done nothing wrong

plead guilty = u done wrong

plead guilty / w mitigating circumstances. = u done wrong but have reasons for doing wrong.

that what my solicitor told me.

 

im fighting not guilty til the end , want dwp to be proven wrong in court.