Cautioned With Benefit Fraud PLEASE HELP IN NEED OF PROMPT ADVICE

[missblobby]

Hi

 

I was cautioned with regards to benefit fraud about 8 wks ago, re income support but think they are going to als add HB and CT to this also.

 

They were going on basis i had not declared my partner was living with me.

 

Case is:

 

I was married for a few months away bk in 98, thngs didnt work out but hav remained good friends, well my son looked up to him as a dad, i just carried on living my life vice versa with him, had'nt seem him for a long time.

 

However my health detaeriated about 6 years ago bumped into him one day and we again remained friends, he had his own place but for personal reasons was getting a bit of other, and moved got a rented room in a flat where mail was getting stolen etc.

 

So because we had stayed in touch etc and was coming to my house more often do really just help with things i couldnt mnaage coz of my disability, asked if he could use my adress for mail, i did not see anything wrong so i let him. As time has went by especially over the past 3 maybe 4 years he has been helping me alot with carers needs etc and just being a real good friend, well i should say more like brother sister now, although he has his own relationship, there have been alot of times he stayed.

 

Maybe 1 sometimes 2 nts a week. then my son became abusive turned to drugs etc had to put him out, had ma life threatened, windows smashed etc made my illness worse and my anxiety and he has always been there, more so over the past year sometimes staying 3 nts.

 

I did inform my council as i didnt want to be seen as doing anything wrong, i adviced them on him staying a couple of nts and they said would be an non dependant occupant but nothing changed etc i thought i was doing all legally until i got this cautioned interview.

 

 

Now they have stopped my IS and said i owe them £14000,which is going back 5 yr till nw, they knowingly no i am not in a relationship wif him even tho i hadnt realised i hadnt been divorced (which is being done at present), they went to his landlord whom confirmed he was staying there etc, i named his new partner who he is in a realationship wif.

 

 

My helath is got that bad because of this, i am worried sick my doc was even thinking about sectioning me because of my mental status. I have honestly thot i have done nothing wrong, but there stating i have. I have myself being put in prison because of this

 

PLEASE HELP!! NEED ALL THE ADVICE I CAN GET

Edited November 20, 2011 by citizenB
Tidied up a bit in order to make it easier to read!

[rebel11]

Hi miss

 

You already posted in the correct forum.

[missblobby]

Hi I was wondering if you would give your opinion on this matter.

 

I went for a Cautioned interview in july, they said it was to do with my income support and that i was claiming while having someone staying with me. I did admit someone stays sometimes 1 or 2 nts a wk but not every week to help with my care needs and as a friend, this i let the council know a while back because i did not want to be seen doing anything wrong. The person in question i was married to for 4 months away bk in 1995, didnt work because of personal reasons, however a few years later we bumped into each other and stayed friends he is like a brother to me and at times also took to do with my son as a father type figure, he got into alot of bother years ago re hs sexuality and from then on kept a secret from people,

I did state at the interview he had a partner and his own place. They also called this person in for interview which he attended, after this he was told by his landlord that they had been asking if he stayed there which the landlord agreed with.

Since then i have had a letter from IS saying that i have been over paid £14000, then a letter from debt management in england saying " the overpaying was for the past 6 years as i had not told them about a partnr joining or leaving the household, the money must be paid back but does not affect any proceedings ina crimal court which may be taken in your case".

I have no links with this person apart from being still married to as i just got on with my life as a single parent but divorce should be through any day, he does have mail coming to my address as in one of his tenancies his mail was getting stolen etc and though nothing of him using mine. He has hd a few partners over the past few years and they are willing to state so

I am disabled and have severe full blown anxiety which all of this has made worse and finding it very hard to cope as i honestly think i have done nothing wrong.

Can you give me your advice on this, will i go to court, will i go to jail?. I have never been in trouble or anything before

[Nystagmite]

You are unlikely to go to jail.

[kurvaface]

I am flabbergasted by the flip side of this. Surely someone should be losing their job for paying out tax payer's money to someone who doesn't need it - for SO long!!!!

[antone]

I am flabbergasted by the flip side of this. Surely someone should be losing their job for paying out tax payer's money to someone who doesn't need it - for SO long!!!!

 

If this comment is intended to be helpful, could you please explain in what way that intent is demonstrated?

[kurvaface]

"I did inform my council as i didnt want to be seen as doing anything wrong, i adviced them on him staying a couple of nts and they said would be an non dependant occupant but nothing changed etc i thought i was doing all legally until i got this cautioned interview."

 

Someone should lose their job if op has fulfilled their obligations of notifying authorities of change of circumstances. It is unacceptable that vulnerable people take the flak when our tax money is mishandled.......

[kurvaface]

A complaint should be made antone if that spells it out to your satisfaction!!!

[missblobby]

Sorry to be so bleak but do not understand the last 4 posts on here, if it helps, he was not contributing to anything, does not pay any bills for me, only helps me with my disabiity needs we are totally independent and non dependent of each other

[kurvaface]

My point is you have made the notification of change of circumstances. Don't just sit and take this c**p if you have met your obligations. Complain, complain and complain some more. Someone is no doubt sitting pretty in their job while you are being hounded for their mistake!!

[watchinginvestigation2011]

You would need to know when you called, trace the call on phone bill time etc...then apply for sar(subject access request) to show what notes were put on file due to this call. You would need proof you said what you state or could find they argue there is no record of that and you should have noticed something was wrong with no alteration to benefits or confirmation of change of circumstance. Thats why when a lot of people ring dwp they record the call for aide de memoir or record incase discrepancy occurs.

 

You see I am sure there are a lot of people caught who then say I rang and told you, not saying this is the case in this situation, but that is why you need to prove you case.

 

To be honest also when claiming benefits if you disclose anything you need to get it in writing which normally would be confirmation of change of circumstance, if you do not receive this you need to chase them up to check all is okay.

 

I only recently on the income support form checking on details on single mum claims, disclosed that I had a small amount of savings (less than one thousand) even though this is not relevant to claim as in below threshold, I still received a change of circumstance reply telling me that my benefits woudl stay the same despite the update. I would expect if notifying of so described non dependant by them for them to confirm all was okay in writing and that benefits remained same as you say they stated.

 

So check bill and source the time and date of call, its a start.

[missblobby]

Thank you for all your replies, i know i have done nothing wrong but i did not notify dwp income support as i did not think i had anything to say had changed as i was still single he only came and helped out now and then but there was no money involved etc therefore i was still only living on my own benefits, but as stated di go and say to counicl

[watchinginvestigation2011]

Okay so informing council would not count regarding income support. They are diff depts and you cannot go on what told realting to a benefit they dont manage.

 

On what basis then are they deciding you are a couple living together?

They would need to have some evidence to proceed to court.

[watchinginvestigation2011]

You need to see a solicitor specialising in benefit law and insist you are single etc..... and get him/her to see if they have enough to class you as couple.

[watchinginvestigation2011]

RE the sar, you could still do it with housing to show you did try and enquire re the housing side at least and inform them of situation, but again it woudl not help re other benefits but if the notes show you said what you state it could hellp re housing benefit if you were told wrong information.

[missblobby]

I honestly dont know what basis they are basing it on, all they seemed to have was his mail coming to my address, him coming over at times to help with my illness and all the hassle i had wif my so called son and the fact we were never divorced, although this i done straight after they had me in as i forgotten we were actually still married as i had been living my own life for about 15 years, they also hada completed form from his employment which in a part stated next of kin was me then under stated wife but this was corrected straight away as i told them he did not want his work knowing his exuality because of the past and i am like a sister more than anything to him, but as i said he has had several partners one for which over 2 years and his own tenancy agreements going back to 2006, i honestly cant take anymore, have never been in trouble in my life, and with my illness and full blown anxiety hvae actually thought about ending my life, i did go to a lawyer who told me he could help as it wasnt a criminal matter to go away and call him if and when they charge me

[Nystagmite]

him coming over at times to help with my illness

 

Someone else was had an IUC for this reason. She is disabled and someone had to come over and care for her. I remember her saying that she had a hard time getting her benefits back. Yet, it doesn't matter how often (or even if) someone stays over - that's a myth. Someone could stay over 3 nights and you can be classed as a couple due to financial links, or someone could stay over 5 nights a week and your finances not be linked in any way at all.

[hessey50]

it is perfectly possible for a married couple separated or intending to divorce to separate financially and be living in the same property but not classed as couple for benefits purposes I know because before I managed to get my wife out of the property so I and the children were safe this is what I had.

Regarding the interview under caution were you advised before interview that you could take legal advice and given time to do so,that you could bring a legal advisor or support with you to interview were you advised that you were not under arrest and could leave at any time or stop the interview at any time to obtain legal advice and were they aware that you were unwell and therefore a person who could be vunerable? You need to get advice and should be able to get this from a legal aid centre. I do interviews under caution under PACE and always ask why the person has chosen not to take legal advice and personally would suspend the interview to a later date if I had any doubts about the fitness of the person being interviewed or if it was clear that they did not understand the consequences of the interview.

Unfortunately if you go into an office and talk to someone to say this is whats happening they wont write to you saying thanks for telling us but there is no change only if there is a change.