Benefit fraud

[honeybee13]

Hello guys. Has anyone reported Merton to the site team? I'm not new to the forum but still possibly not qualified to judge, but some posts seem to be disruptive as I see it.

 

My best, HB

[watchinginvestigation2011]

Yep, just reported xx

[silverfox1961]

OK ladies and Gentlemen, time to stop cluttering up a thread, where someone needs help, with non relevant posts.

 

It doesn't matter if you are a newbie, a regular, pink, blue whatever, rudeness is not on.

 

If this continues, action may be taken against those that are deemed to be at fault. Please keep it polite.

[misssparkle]

Hello all i just wanted to say thanks to everyone who has been kind enough to offer me advice i am extremely worried that theres even a 1% chance of me going to prison but having support on here is very welcome...i am hoping to speak to my solicitor tommorrow so i will let you all know what he says...once again thank you

[watchinginvestigation2011]

Best of luck for tommorow

[misssparkle]

Hi all

well i have had a breif phone conversation with my solicitor and he says that based on the overpayment ajount its highly unlikley that i will get a custodial sentence i am still worried that he cant guarantee anything though but its a bit of light at the end of the tunnel...i just want it all done with now i will update how i get on

thanks to everyone

[Nystagmite]

I think part of the problem is, he doesn't want to say x will happen, when y will.

[unfairadvantage]

i think it worth noting regarding this situation that if you dont have any prior convictions for similar and you admit the overpayment has occurred whether your fault or not that the court will see that you have made arrangement to repay and despite your having an overpayment you are repaying and that is the main focus really getting teh overpayment repaid.

 

so for everyone who reads this story take heart in that although this is a formal procedure and you may get bound over or communitty service you wont go to prison- just remain calm and state your case to magistrates.i have seen many cases of this type of thing and i mean over a hundred.Every one is different in terms of how overpayment happened but it is worth noting for completeness that not every overpayment is prosecuted.Even if they are the balance of probabilities test needs to be satisfied and that is difficult.

 

The main thing to do is set up repayment plan at what you can afford ,start paying it off prior to court date ,explain to magistrates and to IUC (if indeed you do have one) how it occured and that you are sorry it happened .I have seen many cases where benefits have continued to be paid despite person telling dwp of change in circumstance.the dwp can be incompetent.The staff are overworked and make mistakes .I have had cases where people have advised them by phone and by letter and yet they have still continued to pay out benefits!

 

 

for anyone reading these threads for advice on this ,do not worry.admit the overpayment has happened and show you are repaying it with agreement of dwp.

 

it is not true to say that cases end up in court every time as i have also had hundreds of cases where dwp after IUC have issued a fine after interview and a formal caution and that has been it.In essence there is no set way for dealing with every case and if you have deliberately defrauded you must admit guilt at first instance and set up repayment plan asap

if you have deliberately defrauded and by that i mean making up names of family members you are caring for or working whilst on jsa then expect to be prosecuted as this is deliberate fraud.If the situation is one of simple overpayment for example if you have advised Carers allowance of change in circumstances and they have kept paying you then it is not you who is wholly at fault and despite overpayment there is no intent to defraud, and as such it would be more of a formal caution issued along with acceptance of overpayment having taken place with repayment plan in place.

 

this is complicated area but i thought i would share my practical experience to alay fears and stress that some readers may have