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alledged Benefit Fraud - Going to court in december *****Resolved*****


tommyson
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Hi all thanks for taking the time to read this.

 

Back in sept 2009-jan 2010 my father in law asked me to help in unofficially at work and explained to me i could not be paid he just wanted help. I did so for maybe at a push 2 days a week ranging from an hour to sometimes staying all day. His boss explained to me i could be paid a im not employed and i agreed to help out. As a thank you they agreed to give me a little gratuitous payment which i didnt know about and told me again because im not employed by them she would just give me £30 cash more so for petrol than anything else. A little time later they paid me some money but into my partners account as she already worked for them. This year i have been interviewed under caution for benefit fraud amounting to just under £500! I never had any contract of employment nor p45 upon leaving or anything, during the interview they magically showed me a document clearly not written by me and a computer print out of some payments into my partners account OH and an employee number which the must have generated out of thin air. When they interviewed me i explain the details to them and also that i am under the care of mental health team and cant promise to give accurate info as my medication knocks me out=- they continued to interview me none the less. I am not even able to recall the interview due to my mental state.

 

My point is there is not contractual agreement in place signed or otherwise and any documents they have are either compter generated and or not wrtitten out by me. Im due in court in december and not sure what to do.

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we were on housing and counil tax benefit, however, i was never employed nor had a contract nor was money paid into my bank account, they made a gratuitous payment with out me knowing into my partners account as a thank you, no set days hours or anything, i could choose how i helped my father in law.

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OK, That is your version of events. What are the facts. You worked, you received some expenses and because of that work your partner was paid some money in consideration.

It doesn't matter how or why it happened or whether there was a contract or not.

 

You worked, a fact that you should have disclosed. Even if you do volunteer work and receive expenses only, you must disclose it as it is a change of circumstances.

Then your partner has a payment put in her account. Why? because you worked. That should have been notified.

 

You don't have contracts of employment in the 'black economy' you work for cash in hand no questions asked.

 

You have failed on at least two occasions to notify them of a relevant change of circumstances.

 

Where you hoping to keep the payment made to your partner for you kept quiet and just pretend it never happened?

That makes you no different than any other benefit fraudster.

 

I notified the DWP when I worked, how many hours and what I earned, yet I ended up in prison, you didn't even volunteer the information to them!

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Surely, those are the facts?

 

No they are not the facts! They are not proven!

 

They are an explanation of the events leading up to money being received by the partner.

 

They are a 'story' that he is trying to use to say that as he didn't have a contract of employment so the money was a free gift.

 

Turn it round the other way, would the 'free gift' have been made if he hadn't carried out that work - NO!

 

What are the undisputed material facts then>

He worked and failed to notify

He received expenses for that work and failed to notify

His partner was 'given' money for the work he carried out and failed to notify.

 

Those are the facts!

 

Anything that happens that could be considered a material fact must be notified even though it may not affect the benefit being paid.

 

It is clear from the tone of the post that he considers that he should be allowed to keep the 'free gift' and that in doing so, it has nothing to with either the LA or the DWP.

 

The other thing to consider is - would a normal person in carrying out that work expect to get paid for that work?

 

If you think he is right, then what is stopping all offspring that work for mum and dad, not to be paid a wage as mum or dad expects them to work for nothing and then they are 'given a free gift' that has no bearing or connection with that work carried out.

That is stretching the truth just a wee bit!

Edited by taraquin
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wonderful news !! the council have written to us to inform us that the supposed employer have agreed it was a un agreed gratuitous payment that we did not agree too and that they had advised me that i was NOT employed nor was i to be paid !! court case dropped ! im so pleased that justice has been done !!

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Glad to hear, but in future remember to update dwp and tax credits or whatever you claim for now or in future etc re everything as in even if work unpaid or even if unsure of wether it needs to be declared, as it will serve you well and cause less stress for you, they dont mind answering queries.

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