DWP Benefits Investigation

[tkboy]

I have been a full time carer for both of my parents since 2004; I am also an only child. My Father is 87 he suffers from prostate cancer which has now spread to his bones, and osteoporosis. My Mother is 86 she is slightly more able but suffers from debilitating gall stones in her bile duct and is often ill.

 

 

 

Until early 2009 I did not seek any help from my local authority, neither did I seek or apply for any benefits from the DWP. This was because I do not believe in asking help until you really need it but also because I had considerable savings and it went against my morals.

 

 

 

In early 2009 I was suffering a second break down in five years and was suffering severe depression and anxiety. I was under treatment from a psychiatrist and taking antidepressants which I continue to do so. By this time my savings had halved and under pressure from my friends and family I reluctantly contacted the carers allowance unit in Preston to enquire about carer’s allowance. The adviser was surprised I had not applied for benefits before. I was advised that as a career benefits were not means tested. Further more I was advised to apply for income support as well as careers allowance, which I did. Subsequently I was informed I was entitled to carers allowance and income support.

 

 

 

On the 12 of the August this year I received a letter from Jobcentreplus fraud investigation service asking me to attend an interview “under caution” at the Job Centre on the 1st of September. I was very worried and confused. I contacted a local carer’s charity they put me in touch with solicitors who sent a representative to attend the interview with me; Dr Gardner also attended for support.

 

 

 

I found the interview very stressful, frightening and confusing. It became apparent and to my horror carers allowance was not means tested but income support is. I had been receiving income support when not entitled and was being accused of fraud.

 

 

 

I explained as best I could that I believe I had received confusing advice at the time and was myself in an impaired mental state which I proved by supplying a letter from my psychiatrist. I stated clearly that I had in no way deliberately tried to defraud the DWP and this was the result of a genuine mistake and misunderstanding. I also agreed to pay any overpayment back in full.

 

 

 

On the 17th of November I received a letter from the DWP detailing the overpayment and asking me to pay the money back, which I did immediately.

 

 

 

On the 5th of December I received a letter from jobcentreplus fraud investigation service informing me they are recommending to their prosecution division that I be prosecuted for fraud. I find the prospect of this utterly terrifying, my mental state is deteriorating, and I have had panic attacks I feel utterly alone, all this on top of having to look after my parents who are not aware of the situation. I feel under the circumstances that a decision to prosecute me would be completely perverse.

[ErikaPNP]

Hi there.

 

If the overpayment is in excess of £2000, they FIS have to refer the case to the prosecution division. A referral does not always mean that the prosecution division will go ahead and prosecute. Like the CPS, the DWP prosecution division (who proseucte instead of the CPS in benefit fraud cases) will need to apply the evidence test and the public interest test. The issue with the evidence test is that when claiming any income based benefit, including income support, the claim form asks for both income and capital to be divulged. If you did not declare this on the claim form, this may present problems. Carers Allowance is also means tested (on income earned per week).

[tkboy]

Hi,

 

I have now been summoned to appear at local magistrates court, the charge isthat I "knowingly made false representation, namely that application formfor income support was correct and complete whereas it was not as he failed todeclare the true extent of his savings contrary to section 112(1)(a) of thesocial security administration act 1992"

 

I have got a lawyer who has told me I have no choice but to plead guilty. Hewas surprised under the circumstances why under the circumstances they were pursuingthe case and asked for a caution, the prosecutor said they were doing toproceed "come what may" I am still a full time career for both myparents, I have 10k of savings left, after having spent tens of thousands of myown saving supporting myself for the past 7 years. While saving the statethousands by looking after my parents! Gutted is not the word.

 

Can anyone advice on the likely sentence?

 

tkboy

[Nystagmite]

Your likely sentence will depend on many factors. For example, if you've done this before, you'd get a much harsher sentence than someone who has never been in trouble with the law.