£20 200 ,overpayment income support

[hensteeth]

what makes you elegible to be referred to CMHT ?

 

PTSD in 1995 - still suffering.

 

In 2003 I refused to carry on going and decided that alcohol was a better substitute. I kept well below the radar, not seeing the GP, not going to the hospital - in fact I ducked out of existence from their point of view.

 

Last drink 2010!!! Not even allowed those chocies with drink inside them at Christmas!

 

Suicidal and saw GP who said I could do with some counselling - ummm OK.

 

Counsellor assessed me as a potential suicide case in 2011 when I told them how I would carry it out - overdose of Morphine that I keep at home. I had it planned, still have except I have moved the Morphine into the shed on the off chance that they come round to remove it!

 

Back into the care of the CMHT since mid 2011.

 

I hate it. The talking, the drugs again, hospital appointments every week, psychologists, psychiatrists, social workers, CPN, the whole damn thing. You are treated as a 'case' and when you say something they always put a smile on their face!!

 

At the moment I am trying to convince them that I am now better and can see life as being normal, hoping that they chuck me out!!

 

Anybody that wants to get under the CMHT must be too far gone to care. I don't know anybody that would willingly enter it as a matter of choice.

[hensteeth]

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.

 

Nearly right. The actual fraud was £5000. The mortgage fraud was for £40,000. I had received the offer of the mortgage but never took it up and it lapsed. To be honest the mortage application took place 4 years before I started to claim benefit. I was only charged with using a deceptive document in order to obtain a mortgage. No actual money was involved.

Edited August 7, 2012 by hensteeth

[MIKEY DABODEE]

Glad you sorted yours out Hensteeth.......

[MIKEY DABODEE]

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.

 

Think you have done the right thing by seeking legal advice, the solicitor has told you that the DWP has not yet decided whether or not to take it further.. I find it strange that they said you can start making repayments and decide they may prosecute.

 

So the solicitor said, leave things for now and if it progresses further then get in touch so thats good advice.

 

Would it do any harm to sit down and right a letter to the Department detailing how this all came about and address it to the person who conducted the interview, I dont think it will.

 

I think it will do you good to put everything on paper and explain how this all came about. You were in a dark place, people make mistakes...

 

A lot of people think that because you can be a student on I.S, then its ok, of course then the grants are awarded and they think its still ok.. We see this a lot. Its like part time earnings people thing they can work up to 16 hours, yes they can but the earnings are taken into account. So benefit rules and regulations are complicated even for some one in good health, when you have ill health then they are twice as hard.

So no I think writing a letter will do your case no harm. You could have appealed it, but on what grounds?

 

I cant say what will happen if it goes to court, but if it does sounds like you have got yourself a solicitor, you will have time to get as much evidence with regards to your illness as you can, from your doctor, specialist etc.

So you will have enough time to prepare.

 

They might not take it to court, you are prepared to start paying it back, my customers OP is iro of another other property and that isnt going to court, and you know the ironic thing the OP is 74k and the property is worth 54k as its rundown.

 

I think you are getting good support on here, you are not alone

Edited August 7, 2012 by MIKEY DABODEE

[hensteeth]

Glad you sorted yours out Hensteeth.......

 

Yes I did thanks. Had a 3 month ' Butlins holiday' that cost me £13,000!!! - £5000 + my car.

 

Of the subject, I had to have an enhanced CRB check done last year for some voluntary work. When it came back it read like that I was a major criminal! Never did get the positon though

[abc123def]

I'm very grateful for the support of CMHT. I have come a long way with their help, especially with the DBT emotional coping skills course. Next is graded exposure to try and help me be able to use the telephone or leave the house, all things that seem impossible at present but the social worker says graded exposure works and will help. One day I hope to be well enough to work and I know I would never get there without the help of CMHT. I do want to work, that's my aim though I am told I need some short term and medium term goals before that because my only goal at present is to work and I constantly feel a failure as it is (currently) unachievable. Step by step. For some people CMHT is a lifeline.

[johnvernon74]

The facts are clear you state you were unaware about student loan and income support.. That is possible because I was in similar situation.... It was alleged I did not advise of relevant change in circumstances. I was interviewed and started making voluntary payments. 2.5 years later taken to court and had 13 court appearances. Medical evidence played a major part ..total alleged fraud was 5k. Was reduced to 2k and case was withdrawn by prosecution. At present im awaiting a refund of over £300 for the overpayment of their alleged overpayment !!

 

You need a solicitor, they will not drop this, get dates and times you spoke to Job centre plus. Unless you can prove you were given wrong information you have a problem. DWP legislation is if an overpayment has happened it has to be repaid by law. Get some support for mental health issues and this may help you. If you believe you were overpaid start making voluntary repayment.

 

Best wishes

[hensteeth]

I'm very grateful for the support of CMHT. I have come a long way with their help, especially with the DBT emotional coping skills course. Next is graded exposure to try and help me be able to use the telephone or leave the house, all things that seem impossible at present but the social worker says graded exposure works and will help. One day I hope to be well enough to work and I know I would never get there without the help of CMHT. I do want to work, that's my aim though I am told I need some short term and medium term goals before that because my only goal at present is to work and I constantly feel a failure as it is (currently) unachievable. Step by step. For some people CMHT is a lifeline.

 

Yes I will agree that it does help some.

 

Though having been in the system for many years, I have got to know a great deal number of patients. Some are very seriously ill, some not so.

 

I have 'enjoyed' the hospitality of the local secure unit a couple of times whilst under section under the Mental health Act.

 

What I have found is that, like I who displays acts of violence for no apparent reason, the CMHT approach does not work. Of the ones that I knew personally that committed suicide, all were in the same category as I as regards the level of illness. Those that are not seriously ill and can see improvement work with the system, those that see no improvement see the system as their enemy.

 

I am glad that you are getting something out of it. The only two things that are keeping me in the system is that without it I would not be able to get hold of the drugs I am on - been there tried that, used alcohol as a substitute, and the threat of being sectioned again if I show any sign of being a danger to myself or others - hence why I need the drugs!

 

The CHMT system is OK for the 'low grades' of mental illness, but what is needed is an enormous amount of money being spent on additional resources, halfway homes/respite homes, additional experienced staff and an improvement on the depth of clinical attention offered to those that need 1 to 1 care probably on a day to day basis.

 

At best when I leave, I will be able to function on a lower dosage of medication, and have the certainty and knowledge that I can seek help when I need it without having to be put through the reception class again.

[lilyx0xmunster]

etellyn no appeal procedure was offered and my mental state was shot at the time.. i did wrong at the end of the day and its now too late to do anything.. its took well over 2 yrs after the interview before i'd heard anything about whether they were to prosecute or not.. and the joke shop here as well as dwp offices or officers have a law unto themselves.. i moved on from it its the past now but yes appeal should have been offered on a number of levels but wasn't.

 

I have just learned from it and moved on from it.. but, bully boy tactics and liar's within joke shop and other departments make me wonder about what actually happens in our local government offices?

 

would rather go without than ever claim another benefit again!

[shield-]

Think you have done the right thing by seeking legal advice, the solicitor has told you that the DWP has not yet decided whether or not to take it further.. I find it strange that they said you can start making repayments and decide they may prosecute.

 

So the solicitor said, leave things for now and if it progresses further then get in touch so thats good advice.

 

Would it do any harm to sit down and right a letter to the Department detailing how this all came about and address it to the person who conducted the interview, I dont think it will.

 

I think it will do you good to put everything on paper and explain how this all came about. You were in a dark place, people make mistakes...

 

A lot of people think that because you can be a student on I.S, then its ok, of course then the grants are awarded and they think its still ok.. We see this a lot. Its like part time earnings people thing they can work up to 16 hours, yes they can but the earnings are taken into account. So benefit rules and regulations are complicated even for some one in good health, when you have ill health then they are twice as hard.

So no I think writing a letter will do your case no harm. You could have appealed it, but on what grounds?

 

I cant say what will happen if it goes to court, but if it does sounds like you have got yourself a solicitor, you will have time to get as much evidence with regards to your illness as you can, from your doctor, specialist etc.

So you will have enough time to prepare.

 

They might not take it to court, you are prepared to start paying it back, my customers OP is iro of another other property and that isnt going to court, and you know the ironic thing the OP is 74k and the property is worth 54k as its rundown.

 

I think you are getting good support on here, you are not alone

Thank you Mikey.

im hanging onto every bit of light i'm getting. this is scarry .

they are taking money out of my income already, to cover the overpayment

i have written a letter,and now i think i'm ready to post it.

i will let you know if i get a reply.

the welfare rights said they could not help me.

 

well it should be clear i wasn't trying to be fraudulent .some how

 

and thank you everyone- for all your support.

[estellyn]

etellyn no appeal procedure was offered and my mental state was shot at the time.. i did wrong at the end of the day and its now too late to do anything.. its took well over 2 yrs after the interview before i'd heard anything about whether they were to prosecute or not.. and the joke shop here as well as dwp offices or officers have a law unto themselves.. i moved on from it its the past now but yes appeal should have been offered on a number of levels but wasn't.

 

I have just learned from it and moved on from it.. but, bully boy tactics and liar's within joke shop and other departments make me wonder about what actually happens in our local government offices?

 

would rather go without than ever claim another benefit again!

 

Sadly, the appeal procedure is not made clear or emphasised when people receive the original overpayment notification. Many people don't have benefit or legal advice at the time - only later when they are prosecuted. Even if they do have legal advice at the time of the IUC, many solicitors are not good when it comes to benefits and do not encourage their clients to get the overpayment checked by a benefit expert, or to appeal if there are circumstances such as yours.

Edited August 8, 2012 by estellyn

[MIKEY DABODEE]

Its scarry and I am sory you find yourself in this position, but you can and will get through this.

 

I cant go into to any detail but there was someone who defrauded the department out of about the same amount.

That person actually worked for the department and they got twelve months suspended sentence, they had omitigated circumstances.

The sentence means if they get into trouble again, they will serve that sentence, that person will not believe me.

That was a while back and that person has now changed their life around.. They went through and came out the other side...

Every case is looked at differently, nothing is black and white.

But hopefully yours will not go to court.. And if it does you can prepare well.

 

When you are ready to post that letter post it but keep a copy though for you records and peace of mind.

 

You are paying back your OP, so its just a waitng game now.

 

You have your solicitor and help on here.

Hope everything goes well for you

and if you get a reply keep us posted

Edited August 8, 2012 by MIKEY DABODEE

[shield-]

Its scarry and I am sory you find yourself in this position, but you can and will get through this.

 

I cant go into to any detail but there was someone who defrauded the department out of about the same amount.

That person actually worked for the department and they got twelve months suspended sentence, they had omitigated circumstances.

The sentence means if they get into trouble again, they will serve that sentence, that person will not believe me.

That was a while back and that person has now changed their life around.. They went through and came out the other side...

Every case is looked at differently, nothing is black and white.

But hopefully yours will not go to court.. And if it does you can prepare well.

 

When you are ready to post that letter post it but keep a copy though for you records and peace of mind.

 

You are paying back your OP, so its just a waitng game now.

 

You have your solicitor and help on here.

Hope everything goes well for you

and if you get a reply keep us posted

 

 

i cant really say i have a lawyer, whomever it was who picked up the phone that told me to just wait until i receive dates then i should call.it could have been a receptionist for all i know.

i have kept a copy of the letter and have now posted it.may God be with me

[MIKEY DABODEE]

good luck Shield

who ever you spoke to at the Solicitors Office gave good advice, wait and see, then if the worse happens you can ring and get the ball rolling

I know they take note of any supporting letters sent.

take care and enjoy the Sunshine

[shield-]

yes court it is. they sent me all the paper work, but they did not enclose the letter i recently sent them, makes me wonder.

well it seems they have reduced it to 13k,cuz their department was notified yet they continued payments.

so that feels a little better . but still- Even then i feel innocent to the 13k,

seeing lawyer soon.

[MIKEY DABODEE]

the letter would have been kept by the interviewing officer.

20k to 13K its a start

you are doing good seeing a lawyer.

In a few months this will all be behind you.

You seem brighter anyway..

 

If they have reduced it because of official error, then your lawyer can probe further into this for you...

You should be entitled to legal aid.

Good luck Shield

[shield-]

i can only say thank you!, you and the others on here have given me some comfort !!!!

i dont have this kind of support.if its not my only support so i'm grateful really.

 

by interviewing officer who do you mean exactly ,please?

 

whats the worst you know has happened to someone in a similar case at 13k???

[MIKEY DABODEE]

I dont honestly know how things will go for you

 

but you have a lawyer on board and am sure they will give you all the support you need

[shield-]

rememeber the letter i wrote to them, seems they have taken it in as an appeal, and still decided to not change their decision but still gave me another month to appeal,

confusing- room to appeal tho its already gone to court?

[shield-]

hi guys.

 

i got 70 hours unpaid work.thank you all for the support !!!

 

does this not affect my benefits?,, will they not think i'm fit for work if i can do this?,,

[Nystagmite]

They would have to take your disabilities into account.

[shield-]

please can you elaborate?

 

so they would not worry me about doing this unpaid work?

[shield-]

please elaborate?

 

so job centre wont worry me about doing this unpaid work?

im really concerned , cuz they may think im fit enough ?

[jadeybags]

PTSD in 1995 - still suffering.

 

In 2003 I refused to carry on going and decided that alcohol was a better substitute. I kept well below the radar, not seeing the GP, not going to the hospital - in fact I ducked out of existence from their point of view.

 

Last drink 2010!!! Not even allowed those chocies with drink inside them at Christmas!

 

Suicidal and saw GP who said I could do with some counselling - ummm OK.

 

Counsellor assessed me as a potential suicide case in 2011 when I told them how I would carry it out - overdose of Morphine that I keep at home. I had it planned, still have except I have moved the Morphine into the shed on the off chance that they come round to remove it!

 

Back into the care of the CMHT since mid 2011.

 

I hate it. The talking, the drugs again, hospital appointments every week, psychologists, psychiatrists, social workers, CPN, the whole damn thing. You are treated as a 'case' and when you say something they always put a smile on their face!!

 

At the moment I am trying to convince them that I am now better and can see life as being normal, hoping that they chuck me out!!

 

Anybody that wants to get under the CMHT must be too far gone to care. I don't know anybody that would willingly enter it as a matter of choice.

 

Hensteeth, hope you're alright now. Found it a bit sad reading your posts. It must be so utterly frustrating that you had to go through all that for such a pittance of over payment basically, when you see people on here... well....

Take care.