£20 200 ,overpayment income support

[shield-]

i just don't know what to do with myself.

 

i was on income support . i hit the darkest time in my life, depression and several other illness followed due to a death.

i became a full time student in university portsmouth in order to save myself from suicide as it gave me a focus-the only purpose i had to breath.- considering my mental situation naturally i failed miserably.

i took out student loans and grants without realising this was not allowed.neither did i realise the need to notify of change in curcumstances-i was mentally unavailable.

basically

i have had the interview under caution.

asked to make re-payments

now have received a letter that a decision has been made to be taken to refer the matter to legal services for consideration of prosecution.

 

-i spoke to the advice beaurau and was adviced i had no grounds on appeal.

 

but now i feel the need to write to them of which i think i will- for the sake of my innocence

im terrified.but i honestly dint know and barely can remeber much of that time in my life.

 

what can i do?

whats the worst to happen to me?

is it too late for me to write ?

 

help me

[abc123def]

Shield, I think most of all you need some emotional support. Are you under the care of your CMHT? If so, then you are eligible for support from your local MIND centre and advocates and they can help support you legally, practically and emotionally through this.

 

Writing a letter isn't going to help this situation, you just need to find yourself some support. Hang in there, this will be tough but you will get through this.

[hensteeth]

Shield, I think most of all you need some emotional support. Are you under the care of your CMHT? If so, then you are eligible for support from your local MIND centre and advocates and they can help support you legally, practically and emotionally through this.

 

Writing a letter isn't going to help this situation, you just need to find yourself some support. Hang in there, this will be tough but you will get through this.

 

What on earth did you do with all of the money?

Somehow, somewhere you are going to have to come up with ideas of how you are going to repay it.

 

At that level it is most likely going to end in court - possibly Crown Court as the sentencing level could well exceed what a Magistrates Court could order.

In my case and it was only for just over £5k I ended up in Crown and was given a 6 month sentence to run concurrent with the other offences. And ordered to repay the lot plus costs. Then they told me that they would be looking to sieze my assets as well.

 

Good luck to you and make sure you get a good brief.

[shield-]

Thank you abc !!!.

please dont hesitate if you come up with more information

[shield-]

What on earth did you do with all of the money?

Somehow, somewhere you are going to have to come up with ideas of how you are going to repay it.

 

At that level it is most likely going to end in court - possibly Crown Court as the sentencing level could well exceed what a Magistrates Court could order.

In my case and it was only for just over £5k I ended up in Crown and was given a 6 month sentence to run concurrent with the other offences. And ordered to repay the lot plus costs. Then they told me that they would be looking to sieze my assets as well.

 

Good luck to you and make sure you get a good brief.

 

 

 

6 month sentence?- u served time in jail for 6 months?,

''concurrent'' with other offences?- sorry what you mean by this ?, did u have other offences?, what sort of assets you have ?,

[hensteeth]

6 month sentence?- u served time in jail for 6 months?,

''concurrent'' with other offences?- sorry what you mean by this ?, did u have other offences?, what sort of assets you have ?,

 

Hi yes I served 3 months.

 

During the search of my home they found that I had tried to get a £40,000 mortgage a couple of years earlier using a set of dodgy business accounts which they found hidden in a drawer in the bedroom as well as a letter from a caravan place who I owed money to for a caravan that I had at home. I had issued a bounced cheque 6 months earlier.

 

I was sentenced to 6 months for benefit fraud, 3 months for attempted mortgage fraud and 3 months for theft of the caravan. All concurrent.

 

They siezed and sold my car as they said that it was acquired using stolen money (benefit fraud).

 

So all in I spent 3 months inside + had to pay back the benefit money, the caravan went back to the dealers as a repossession and they sold the car for £8000 which went to the government I think.

[shield-]

Hi yes I served 3 months.

 

During the search of my home they found that I had tried to get a £40,000 mortgage a couple of years earlier using a set of dodgy business accounts which they found hidden in a drawer in the bedroom as well as a letter from a caravan place who I owed money to for a caravan that I had at home. I had issued a bounced cheque 6 months earlier.

 

I was sentenced to 6 months for benefit fraud, 3 months for attempted mortgage fraud and 3 months for theft of the caravan. All concurrent.

 

They siezed and sold my car as they said that it was acquired using stolen money (benefit fraud).

 

So all in I spent 3 months inside + had to pay back the benefit money, the caravan went back to the dealers as a repossession and they sold the car for £8000 which went to the government I think.

 

 

 

 

how was your time in prison ? difficult?,

why did you spend 3 months yet sentence was 6?.

your situation seems different from mine though mine is a lot more money. i had no fraud intention-i just dint know.

[shield-]

Shield, I think most of all you need some emotional support. Are you under the care of your CMHT? If so, then you are eligible for support from your local MIND centre and advocates and they can help support you legally, practically and emotionally through this.

 

Writing a letter isn't going to help this situation, you just need to find yourself some support. Hang in there, this will be tough but you will get through this.

 

how do i get under the care of CMHT?, how do i find thier website ?-tried making a few searches but not sure if im getting the right people, any guidence please...

[RaeUK]

I'm only guessing, but you can ask about CMHT at your GP surgery, probably at your local hospital, possibly your local council might point you in the right direction. Here is some very basic info.

And here is a link to the MIND website.

Good luck with everything.

[hensteeth]

how was your time in prison ? difficult?,

why did you spend 3 months yet sentence was 6?.

your situation seems different from mine though mine is a lot more money. i had no fraud intention-i just dint know.

 

No not really. When I arrived at reception, had the usual shower etc and a change of clothes to the regulation blue with plastic shoes - no laces, I was already a bit of a celeb when I got to the reception wing for the first night as it had been on the radio and on the TV news.

 

I got out of working and spent 23 hours locked up with one hour of exercise in the yard. The following day I was banged up with two frenchmen who couldn't speak any English who were in for armed robbery. After that it was OK, reading, sleeping etc.

 

Did 3 of the 6 for good behaviour and early release. I spent the whole of the 3 months in the Cat A Strangeways prison. At the end of the landing where I was, on the first floor, it used to be the execution and holding cell. All locked up with no access.

Yes it was intentional - no way I could say otherwise,signing on then working in the afternoons.

[hensteeth]

I'm only guessing, but you can ask about CMHT at your GP surgery, probably at your local hospital, possibly your local council might point you in the right direction. Here is some very basic info.

And here is a link to the MIND website.

Good luck with everything.

 

 

I'm under the local CMHT, have been since the mid 90's. Ducked out in 2003 as I had enough then re-admitted in 2010. All of this was done as a referral by the GP

[abc123def]

If you GP deems that you need additional support for your mental health issues s/he will refer you to CMHT. The fact that you haven't been implies your GP feels they can offer enough support for you themselves. You cannot refer yourself to CMHT and MIND criteria means they only support people who are on the CMHT books just due to lack of funds. However you will be eligible for support from your local citizens advice bureau.

[shield-]

I'm under the local CMHT, have been since the mid 90's. Ducked out in 2003 as I had enough then re-admitted in 2010. All of this was done as a referral by the GP

 

 

what makes you elegible to be referred to CMHT ?

[honeybee13]

what makes you elegible to be referred to CMHT ?

 

Hello there.

 

I was referred by my GP. I saw the consultant psychiatrist at the local hospital and also saw other members of the team.

 

My best, HB

[shield-]

No not really. When I arrived at reception, had the usual shower etc and a change of clothes to the regulation blue with plastic shoes - no laces, I was already a bit of a celeb when I got to the reception wing for the first night as it had been on the radio and on the TV news.

 

I got out of working and spent 23 hours locked up with one hour of exercise in the yard. The following day I was banged up with two frenchmen who couldn't speak any English who were in for armed robbery. After that it was OK, reading, sleeping etc.

 

Did 3 of the 6 for good behaviour and early release. I spent the whole of the 3 months in the Cat A Strangeways prison. At the end of the landing where I was, on the first floor, it used to be the execution and holding cell. All locked up with no access.

Yes it was intentional - no way I could say otherwise,signing on then working in the afternoons.

 

 

please can you private message me with an email address maybe ,i would like to ask u a private question. i cannot email untill i have over 30 posts

thx

[ims21]

please can you private message me with an email address maybe ,i would like to ask u a private question. i cannot email untill i have over 30 posts

thx

 

Is there any reason why you cannot discuss this on open forum?

 

Please be aware of site rules in regard to dealing with things off-forum.

 

You can always use one of the site team as a "go-between". If you want to PM me I am happy to assist in this for you.

 

You should be able to PM any of the site team.

[MIKEY DABODEE]

I think Hensteeths case and your

case, are very different.

Hensteeth had a mortgage fraud application and a benefit fraud resulting in a total of 45k.

 

OP your OP 20k not good, but given your health issues etc may be treated a lot differently.

and OP please stop winding yourself up..

Seek some help from

CAB or Welfare rights.

Or some legal advice.

I dont know how your case will pan out

but lets put this into some sort of context.

I have just submitted an overpayment for 74k, cust had a property that wasnt declared..

so you are not the first or neither will be the last.

Edited August 6, 2012 by MIKEY DABODEE

[shield-]

I think Hensteeths case and your

case, are very different.

Hensteeth had a mortgage fraud application and a benefit fraud resulting in a total of 45k.

 

OP your OP 20k not good, but given your health issues etc may be treated a lot differently.

and OP please stop winding yourself up..

Seek some help from

CAB or Welfare rights.

Or some legal advice.

I dont know how your case will pan out

but lets put this into some sort of context.

I have just submitted an overpayment for 74k, cust had a property that wasnt declared..

so you are not the first or neither will be the last.

 

 

wow thx Mikey- i appreciate your help. you really have given me some comfort. and put things into some perspective.

 

i spoke to a solicitor and they told me to just wait until they let you know. if its another interview or court date i should then notify them to take on the case as of now - nothing,

this is difficult cuz i feel vulnerable and all alone.now i feel i'm being watched and worried ill have cops knocking on my door to search my home- are the chances of this high?

 

do you think jail is out of the question?

 

should i write to them?, i was stupid to not appeal- i just had no strength at the time, im still suffering from anxiety etc and on medication.

[lilyx0xmunster]

I fell foul of being a student while claiming IS but this was because i was wrongly advised by joke shop (jobcentre) staff themselves. Thankfully it went to court it was proven i was given wrong information but nonetheless an offence had still been committed therefor was given 12months probation order an paying back the money over 7 years. Jokeshop staff involved was suspended pending investigation then dismissed x get a good solicitor tell the truth but also mental health team referral from GP is your best bet x

[shield-]

I fell foul of being a student while claiming IS but this was because i was wrongly advised by joke shop (jobcentre) staff themselves. Thankfully it went to court it was proven i was given wrong information but nonetheless an offence had still been committed therefor was given 12months probation order an paying back the money over 7 years. Jokeshop staff involved was suspended pending investigation then dismissed x get a good solicitor tell the truth but also mental health team referral from GP is your best bet x

 

 

thank you so much for your advice. !!!

 

so what does 12 months probation mean exactly?? and how much was your overpayment ? , i take it you had a good lawyer?,

did u first appeal the decision?, how long was the whole process when you went to court and end of case?.

[estellyn]

I fell foul of being a student while claiming IS but this was because i was wrongly advised by joke shop (jobcentre) staff themselves. Thankfully it went to court it was proven i was given wrong information but nonetheless an offence had still been committed therefor was given 12months probation order an paying back the money over 7 years. Jokeshop staff involved was suspended pending investigation then dismissed x get a good solicitor tell the truth but also mental health team referral from GP is your best bet x

 

I haven't heard it called the joke shop for years!

 

I think you had a bad outcome and bad advice all round. Being misadvised about benefits is official error - for instance if you asked whether being a student would affect your benefits and did you need to declare it and they said no - official error like this should have been taken to tribunal, where if proven there would be no recoverable overpayment, no crime committed and no offence. I had a case just like it but with an incap claimant who was working who'd been misadvised by jobcentre.

[shield-]

I haven't heard it called the joke shop for years!

 

I think you had a bad outcome and bad advice all round. Being misadvised about benefits is official error - for instance if you asked whether being a student would affect your benefits and did you need to declare it and they said no - official error like this should have been taken to tribunal, where if proven there would be no recoverable overpayment, no crime committed and no offence. I had a case just like it.

 

then please tell us your case ??

did u go court , did u have the interview under caution? etc...

[estellyn]

I was the benefit adviser on the case. The claimant had an interview under caution and was found to have an overpayment of about £16,000 if I remember rightly. The case was referred for prosecution before the appeal had been heard. The appeal was heard and found in the claimant's favour - that the client had been misadvised about the permitted work rules, and that the overpayment was not recoverable under social security law. Once we had the decision we contacted his solicitor who managed to get charges of benefit fraud dropped and the there was no prosecution.

 

The case doesn't help you much, but I think you'll find that if you can get medical evidence of your mental health issues, and detailed your inability to deal with studying, be very penitent and put an arrangement in place to start repayment, that things may go easier on you - ie maybe a suspended sentence.

[shield-]

I was the benefit adviser on the case. The claimant had an interview under caution and was found to have an overpayment of about £16,000 if I remember rightly. The case was referred for prosecution before the appeal had been heard. The appeal was heard and found in the claimant's favour - that the client had been misadvised about the permitted work rules, and that the overpayment was not recoverable under social security law. Once we had the decision we contacted his solicitor who managed to get charges of benefit fraud dropped and the there was no prosecution.

 

The case doesn't help you much, but I think you'll find that if you can get medical evidence of your mental health issues, and detailed your inability to deal with studying, be very penitent and put an arrangement in place to start repayment, that things may go easier on you - ie maybe a suspended sentence.

 

i see. what do you think will happen now that its being considered for prosecution?.

 

should i write to them ?, as i did not make an appeal?,

[lilyx0xmunster]

my overpayment was £5K but reduced by the fact i was entitled to a certain amount of benefits while being a parent in full time education so it was reduced. i had to attend probation office every week for first four weeks then every 2 wks for the next four weeks then every month after that.. althou while there the officer i had was brilliant and got me enrolled on several other courses to learn to engage with officials and challenge them as they can be wrong too.. so it helped me heaps and she also helped me through the grievance process about the officer in the joke shop that gave me wrong information. otherwise i probably would have been blamed for everything. while ultimately it was my fault because i didnt know any different the joke shop weren't exactly forthcoming with the truth either its like they want you to fall foul of their rules and get into bother its about statistics for prosecution for fraud and the little ones count more than the big ones.. as my lawyer asked in court why did they wait 2 1/2 years before making a decision to proscute the DWP stated it was because they had reached their target for the previous two years so they waited to prosecute me.. even the judge deemed this unfair to make someone wait so long and reprimanded them for it. I'm not saying this is the case where you're concerned but having support from your mental health team is essential and your gp and any other professional help you available to you. while i see now that it was wrong conflicting information given at the time led to this for me and depression contributes a lot and can make things seem very differently.

 

in total from interview to conviction it was almost 3 yrs. an obscene amount of time for anyone to hang in the balance.. but best possible outcome was given.