Benefit fraud

[misssparkle]

Hello i am looking for some urgent advice as i am worried about attending an interview under caution for income support and housing benefit fraud.

 

I have been claiming since 2000 when i first seperated from my partner

we had 2 kids together at the time and for a couple of years things were not amicable between us although he always saw the kids.

 

Moving on a year or so we became really good friends and i stupidly agreed to letting him use my address for a car loan

and a few other things as his parents whom he was staying with would not let him use their address

 

in 2004 we ended up having a one night stand and got pregnant with my son

i was called in at the time by dwp to ask how this had happened and i was honest and told them the truth that it was one off,they accepted my explanation and all was fine.

 

we did see each other regularly folowing the birth of our son as i was struggling and he helped me out a lot with the kids,

we became very close but still we were not in a relationship although around this time i got into trouble with my utilites supplier

and he offered to change company and put it in his name for me.

 

forward to 2007 and my mum became very ill with cancer so he became emotionally supportive and helped me alot with childcare and trips to the hospital etc.

 

when my mum passed away in 2008 i was a mess and really struggled to cope so he did start to stay over the odd night and we drifted into an on off kind of relationship for around a year

until about 12 mths ago

 

we talked and decided to try again and he moved back in but because he could only get part time work with agencies here and there

we stupidly decided to keep things as they were until he found a permanent job

 

i really really do regret this now as i have received this letter and am so worried that although he did only move back in with me 12 mths ago

they are going to try and say he has been here for the whole time based on the fact that hes had loans to my address the utilites are i his name and his car is registered here too.

 

will they use this against me?

i am so worried about getting a prison sentence please help

[honeybee13]

Hello there, welcome to CAG.

 

It probably won't be as bad as you think, but please have a read around the forum while you wait for someone who knows more than me to arrive. There are lots of threads about IUCs and I remember quite a few who have had similar problems to you.

 

My best, HB

[dddtteee]

Hi MissSparkle,

 

Try not to worry, I'm sure someone will be along with some good advice soon. I had a problem and posted on here yesterday, the people here are lovely and very supportive. Hope you get things sorted.

 

D xxx

[Life-Goes-On]

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

[Life-Goes-On]

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?

[misssparkle]

hi thank you all for replying any advice is greatly appreciated.

with tegards to his parents confirming that he lived there they would do this yes

[Life-Goes-On]

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.

[misssparkle]

Hello all,

I posted on here a few months ago regarding an IUC for benefit fraud for claiming Income support and HB/CT benefit as a single person while my partner was living with me.

I attended the IUC in june and admitted what i had done,they were very reasonable with me which i was very grateful for as i know i didnt deserve them to be and admitted the time scale we had been back together (nov 2010-june2011) since this they have worked out an overpayment of £7,000 to which i have agreed a direct debit monthly to repay it at £50 pcm.

This morning i received a letter to appear at magistrates court to answer the offence which looks very frightning in that it states failure to appear will result in a warrant for my arrest:!: I am of couse pleading guilty but am sooooo scared as to what will happen,is it likely i could be sent to prison?

PLEASE PLEASE help me!

I would also like to add that i would never ever ever make this mistake again and my lesson is well and truly learned

thanks in advance

[misssparkle]

please can anybody advise me? im really worried about going to jail

[Merton]

please can anybody advise me? im really worried about going to jail

Extremely unlikely.

 

You came clean, you're pleading guilty and the offence was commited over a relatively short period of time.

 

I should think that a fine and perhaps a little community service is the worst you can expect (provided that this is a first offence for fraud).

[misssparkle]

Thank you so much for your reply Merton,I am extremely worried about the court appearance, it is my first ever offence for anything ive never had so much as a parking ticket.

 

could i ask if this would be the only court hearing? i.e will it all be dealt with and over on this date or would it i have to wait again for another hearing? so scared of prison though...does anyone know of anyone who has been sent to prison for a similar case? i am so paranoid that they will make an example of me

 

Thanks again Merton

[Merton]

Thank you so much for your reply Merton,I am extremely worried about the court appearance, it is my first ever offence for anything ive never had so much as a parking ticket.

Then you have absolutely nothing to worry about.

 

Quite a few of the people convicted of rioting last summer had as many as 20 convictions without ever having been sent to prison. It's a punishment of last resort and not for people with clean records who've made one foolish mistake.

 

Anyway, the prisons are bursting at the seams.

 

There's no reason they would want to "make an example" of you as your offence is really not so terrible (especially given many of the crimes they usually have to deal with).

 

You haven't abused a privilieged position (unlike fiddling MPs) and you'll presumably show your sincere remorse in court.

 

As you're pleading guilty, I think the magistrates should be able to deal with it on the day. They only refer cases to Crown Court when they feel that their sentencing powers are inadequate to deal with the offence.

 

Really, I wouldn't worry at all. This is a big deal to you but small beer to them.

 

Anyway, you should get a solicitor (to enter a plea of mitigation) or at least compose one yourself to deliver before sentencing.

[Life-Goes-On]

I agree it's very unlikely being first time the time-frame ad the amount.

Look at the two cases in the link, both very much worse than yours but neither were sent to prison.

http://www.tameside.gov.uk/benefits/fraud

[misssparkle]

once again Merton thank you so much,your kindness is very much appreciated and has made me feel a little less panicked about this whole sorry affair.

 

If i was to get community service,do you know what that would involve? would my neighbours know i was doing it? of course I wont complain about it anything is preferable to prison,its just i am unsure how it all works

 

thanks again

[misssparkle]

Life goes on-thanks for that link it has helped to see that other people havnt faced prison for more serious amounts

i would just like to say what a great site!

Thanks:-)

[Life-Goes-On]

You could be named in the local paper, can depends on the paper and if it's a slow news week.

[Nystagmite]

I don't think anyone can really say - it does depend on many factors.

[misssparkle]

I don't think anyone can really say - it does depend on many factors.

Do you mean whether i would go to prison or about community service?

[Merton]

once again Merton thank you so much,your kindness is very much appreciated and has made me feel a little less panicked about this whole sorry affair.

I'm so glad to hear it.

 

I know from my misspent youth what it's like to lose sleep over an impending court appearance.

 

But there were no Internet forums then and I had to sweat it out.

 

If i was to get community service,do you know what that would involve? would my neighbours know i was doing it?

 

It's very unlikely that your neighbours would know - especially if you live in a large town or city. You might even be put to work inside.

 

But you may just get a fine. Really, don't worry!

[Merton]

I don't think anyone can really say - it does depend on many factors.

It would be nice if you learned how to use the quotation function when replying to posts.

 

This isn't the first post of yours I've seen that makes no sense at all because it has no context.

 

And now you've alarmed poor misssparkle for nothing.

[Nystagmite]

eh? I have simply stated that it's NOT a case of her going to prison. In fact, if you read the papers, it's usually those who cheat the system out of hundreds of thousands of pounds, are repeat offenders, etc. If you read this forum, in general, it's usually the person having to pay back the money plus a penalty / fine on top.

 

What I have said is correct - it does depend on many factors. None of us can say what will happen.

 

As for quoting - I shall do what I like.

[Merton]

eh? I have simply stated that it's NOT a case of her going to prison.

To whom? Your wife? Your cat, perhaps?

 

You certainly "stated" no such thing in your initial reply.

 

What you wrote, apropos of nothing, was:

 

I don't think anyone can really say - it does depend on many factors.

 

What can't anyone really say? What "factors" does it depend on?

 

And if you have nothing more to say than that you don't know the answer to the OP's question and you don't think anyone else does either, then why bother posting at all?

 

It's not exactly a helpful reply.

 

Clear sentencing guidelines exist and it's perfectly possible to make an educated guess concerning the statistical probability of a custodial sentence.

 

As for quoting - I shall do what I like.

That, of course, is up to you.

 

But many people come to this board desperate if not actually distraught and the least they deserve is a clear answer to a specific question, rather than a cryptic, ambiguous remark that only adds to their confusion and distress.

[Nystagmite]

Clear sentencing guidelines exist and it's perfectly possible to make an educated guess concerning the statistical probability of a custodial sentence.

 

Are you aware of how dangerous that could be? There are people on here who post similar things and wrongly assume they'll go to prison - I say wrongly, because 99% of the time it is.

 

Not having the full facts here does make it impossible to state what the sentence is likely to be.

 

What "factors" does it depend on?

 

Intention, repeat offence, etc.

 

As for appearing in the paper - in my local paper, there's a list of people who have been dealt with by the court in the last week. It just says something like: name, location, offence and punishment. Very few (usually those who claimed benefits for years when they shouldn't have) will end up splashed all over the papers and news.

[watchinginvestigation2011]

It would be nice if you learned how to use the quotation function when replying to posts.

 

This isn't the first post of yours I've seen that makes no sense at all because it has no context.

 

And now you've alarmed poor misssparkle for nothing.

 

Rude newbie alert

Merton considering you are new to the forums telling an experience well thought of poster as nystagmite off in such a manner is rude and impolite. Perhaps you could read the forum rules again.

 

...................

 

Miss sparkle dont worry about the papers, most people gloss over such notes from court etc...... It tends to be the large fraud cases that are noticed and as others have stated prison is unlikely due to your prompt admission and offer to repay, best of luck.

[Merton]

Rude newbie alert

Merton considering you are new to the forums telling an experience well thought of poster as nystagmite off in such a manner is rude and impolite.

You may speak on your own behalf but you have no authority to speak on behalf of the forum as to who is "well thought of", (unless you've conducted a poll of all the members, perhaps?).

 

There was nothing rude in my comment and I only mentioned the point because misssparkle was obviously alarmed by Nystagmite's ambiguous comment and I've seen other posts of his that were equally unintelligible because he neglected to state what and whom he was replying to.

 

As for being "new" - what has that to do with anything?

 

Are you aware of how dangerous that could be? There are people on here who post similar things and wrongly assume they'll go to prison - I say wrongly, because 99% of the time it is.

 

Not having the full facts here does make it impossible to state what the sentence is likely to be.

 

Intention, repeat offence, etc.

 

As for appearing in the paper - in my local paper, there's a list of people who have been dealt with by the court in the last week. It just says something like: name, location, offence and punishment. Very few (usually those who claimed benefits for years when they shouldn't have) will end up splashed all over the papers and news.

Well done, Nystagmite!

 

I have no idea what you're trying to say, but at least you seem to have mastered the use of quotations which is certainly a step in the right direction.