Eviction for Benefit Fraud. Please Help.

[Lea_HTH]

There are a couple of issues here.

 

1. The OP has rent arrears, and the hearing for possession has been adjourned on terms (paying water rates plus 6 quid towards arrears) for 8 weeks for the outstanding housing benefit claim to be addressed. It is not a suspended possession order as the OP stated; SPOs are given when there is a clear method of paying the current rent plus something towards the arrears, which is not the case for the OP.

 

2. A HB claim can be made whilst someone is being investigated for benefit fraud IF the circumstances prevailing at the time the original claim was suspended have changed - which the OP seems to be stating is the case. OP now needs to await the outcome of the claim that was made - OP has been told it will be four weeks, so they will know soon enough. If OP has provided proof that they are living as a single person and are entitled to the benefits they are claiming for, and has provided proof that the alleged non-dependent who the benefits investigators believe was living there is no longer resident - i.e. provided a tenancy agreement, council tax, electoral roll registration, utility bills, and bank statements for that person at another address, then the claim is likely to be successful. Without that information the claim will fail.

 

3. The local authority have already obtained a liability order for the unpaid council tax - when a fraudulent claim is found with CTB, it is repaid to the correct LA department, leaving the CT account in arrears. Going to court over that matter is therefore straightforward - has the CT been paid? No? Court ordered liability - and the bailiffs will be sent in. The biggest issue the OP will have with this is that the council tax benefit will have been withdrawn on the basis of some fairly strong evidence that someone else was living in the property. Someone else has already mentioned that they will have surveillance and other proof - this is spot on; benefit fraud is taken very seriously. The likelihood of the OP only having letters for this person delivered to the address is slim to none - the proof will include months of this person coming and going from the property. Whilst the benefits investigation units do occasionally get things wrong, it is fairly rare as the evidence is usually irrefutable.

 

Lastly, what can the OP do? Wait. There's nothing she can do until the HB claim has been decided, and there's likely nothing she can do if it is decided not to award her further benefits in the interim - they are entitled to suspend or deny a new claim IF they believe the circumstances have not changed. The proof will either show that they have, or will be insufficient.

[Lea_HTH]

I also doubt that anyone here is judging, they're trying to help. The bottom line is that without complete honesty, there's not a lot that can be said. Experience shows that situations like this are rarely without fault on the claimant's side - giving the absolute truth will elicit accurate assistance.

 

On that basis, if the OP has had someone living with her, it is better to say as much and then advice can be tailored to the specific situation.

[Lea_HTH]

If your friend has had benefits in excess of £15-20K upwards that she was not entitled to, she's looking at a probable prison sentence, so really, she needs legal advice immediately.

[Lea_HTH]

That's not legal advice.

 

She needs a criminal solicitor, preferably one who specialises in benefit fraud.

[Lea_HTH]

You seem to have missed out in earlier posts that she was already interviewed under caution and that she had a solicitor, and that she'd already gone through the appeals process...maybe you did mention that, I can't be bothered to re-read 9 pages of posts to find out. Nonetheless, I had already gathered, as I believe most others posting here, that the story was not a full story. Really, your 'friend' is in very deep trouble, and if convicted is likely to get a prison sentence as I cannot imagine the fraudulently claimed benefits over a 6 year period are less than 20k.

 

Shelter can assist with the housing issue - but further to my earlier response (a few days back), it is highly unlikely she will get her housing benefit reinstated this far along in the prosecution process - I believe I did say that giving accurate information would elicit accurate assistance. Her benefits are likely to have been suspended, rather than merely cancelled, which makes a material difference. If found innocent, then all her back payments will be re-instated, however in the interim, it is likely that only small payments will be made to her, if anything at all, and if convicted then the HB won't be paid and she'll be evicted. She won't be homeless however, as I said she'll likely go to prison. And if her partner was complicit in the fraud, he'll be investigated and prosecuted too - which may explain his evasiveness.

 

The court may wait until the process is over before evicting.

 

Sorry, but there is no way to sugar-coat this information - benefit fraud is serious, and if she's been interviewed under caution and been through the appeals process she KNOWS what evidence they have against her as at some point they would have revealed as much - hence getting her admittance that he was there sometimes for 5/6 years. If there was no evidence as you have stated on several occasions, then this investigation would have ended some point after the first interview. You may not be being given the whole story - and if you are, then you are not giving it to us here - but most of us aren't foolish enough to not be able to read between the lines.

Edited September 12, 2012 by Lea_HTH
Added info re partner.

[Lea_HTH]

Actually, what your friend needs most right now is an experienced benefit adviser to take over the case going to Tribunal. This adviser could then try and get the case heard urgently, and were it me I would make the request for a revision of the new claim into an appeal request and try to get both heard at the same time, since they deal with the same matter - when and when not the ex was living at her house and whether he is currently living there.

 

OP said the appeals have been 'done'.

[Lea_HTH]

yeah thanks.

got that.

her solicitor will deal with tribuneral appeals and the going to court and stuff. but he doesnt do civil, which is where the rent got dealt with.

 

Again, you seem to be posting different information - in post 166 you state the solicitor 'has done the appeals', that's past tense. In this post you say 'will deal'.

 

Which is it?

[Lea_HTH]

I think there is some cross-purpose here.

 

What is the appeal for? For the benefits decision to be overturned re granting of benefits?

 

OP, the post you tell me to read makes no sense in relation to what I asked. I shall have a quick re-read of the thread just to see whether you mentioned it previously or not.

[Lea_HTH]

My understanding is an appeal has been put in regarding the original living together decision. A revision has been requested regarding the new claim which was refused on grounds they were still living together.

 

Cheers, I had got the impression from the posts that the appeals had been done and prosecution was pending. I still think the whole story hasn't been told however.

[Lea_HTH]

My experience with these things is that stories in these situations always have to be taken with a pinch of salt.

 

Always!

[Lea_HTH]

Post 132, point 3, referred to the Council Tax issue. If the bailiffs have already been sent in, then there is already a liability order.

 

I will repeat, however, that I don't think the full story is available to us, and therefore any snippets of advice given may be wrong as they respond in isolation to bits that may change if the full story was given.