Benefit fraud accusation. Saying partner lives with me when doesn't!

[LongHairedLily]

Would it not be prudent for the OP to insist the Boyfriend to pay for a PO Box and have all his mail delevered there.

[abc123def]

Car insurance etc can't be a PO address though

[honeybee13]

Good point, abc, I hadn't thought of that.

 

My best, HB

[jabba jones]

But from a benefits point of view, I would have to say that they will be classed as living together.

 

Yes I agree, I can't see how any other decision can be made considering all the evidence that will be available & should have already been collected by the investigators.

 

The lack of financial support is important. If true & as long as the evidence doesn't show otherwise, it should be fully explained at the IUC.

[Kezza28]

Yes I agree, I can't see how any other decision can be made considering all the evidence that will be available & should have already been collected by the investigators.

 

The lack of financial support is important. If true & as long as the evidence doesn't show otherwise, it should be fully explained at the IUC.

 

What kind of evidence will they have collected? Obviously his post and car but what else can they use? Will they have been watching me and taking videos/pictures? That's just creepy if they have!!

[jadeybags]

What kind of evidence will they have collected? Obviously his post and car but what else can they use? Will they have been watching me and taking videos/pictures? That's just creepy if they have!!

It is, but it's also allowed. These people have a lot of power these days to avoid fraud. They may even possibly have some bank statements sat there when you get to the IUC as they can get access to those too. Not saying that to scare you, just to prepare you. People can be a bit shocked to find that on the day. In fact it's highly likely as unlike the poster above called Wayne, I would be putting my money on data matching bringing this whole issue up rather than someone 'grassing' you up. They know about your partner using your address. Just my opinion. I could be wrong.

[craftycaz]

Having read all the threads about the above, and altho' I have some sympathy with Kezza, I have to say that if I was a fraud investigator I would have great difficulty believing some of the things she has said. Especially the comments regarding eating arrangements. How do you have a relationship with someone but buy your own food and eat it separately? And Wayne, you and your girlfriend live in your own places and pay all your own bills, I can't see how you can have a problem with the DWP. Kezza's problems stem from the fact that her boyfriend has no permanent address other than hers. Unfortunately such is 'big brother' now that no one needs to 'dob you in', the DWP have a great deal of powers at their disposal and can find out anything they want, but we can't live in fear. We have to live our lives and hope we are not flouting any of the rules and if, like Kezza, we get in a mess, we just have to stand up for ourselves and hope they believe we didn't do it on purpose. Good luck Kezza.

[Lillibelle]

I totally agree with craftycaz,,I'm really sorry Kezza,I know you don't think you have done anything wrong,but in the eyes of the benefits office you and your OH are living as man and wife.He comes home at weekends to your house,he does his laundry there (presumably) and I don't think the ''buys his own food'' line is going to help.You are claiming as a single parent but you're not,,even tho he is only there weekends,Read it all back and you will see,to an outsider,it's obvious.If you move your OH in and stop claiming (although you may well be entitled to WTC etc,,and if he has a low age). And Yes hun,,there may well be photo evidence/bank statements. I think you need to go in there fully armed,and decide wether or not to declare OH,,but for your own sake,talk to them about where you went wrong,and that it was ignorance not deliberate.You will likely get some benefits withdrawn straight away,,and get a bill for overpayments. Sorry to scare you hun,,be prepared and Good Luck xxxxxxxxxxxxxxxxx

[Kezza28]

I totally agree with craftycaz,,I'm really sorry Kezza,I know you don't think you have done anything wrong,but in the eyes of the benefits office you and your OH are living as man and wife.He comes home at weekends to your house,he does his laundry there (presumably) and I don't think the ''buys his own food'' line is going to help.You are claiming as a single parent but you're not,,even tho he is only there weekends,Read it all back and you will see,to an outsider,it's obvious.If you move your OH in and stop claiming (although you may well be entitled to WTC etc,,and if he has a low age). And Yes hun,,there may well be photo evidence/bank statements. I think you need to go in there fully armed,and decide wether or not to declare OH,,but for your own sake,talk to them about where you went wrong,and that it was ignorance not deliberate.You will likely get some benefits withdrawn straight away,,and get a bill for overpayments. Sorry to scare you hun,,be prepared and Good Luck xxxxxxxxxxxxxxxxx

 

I can see how it would look to the investigators but I was only going on what I had been told by my advisor at the job centre. Even if they have bank statements there is nothing on them, am slightly worried if they have pics though as we go to asda together n they might try and portray that in a way to suit them. Is there any way my solicitor can find out what evidence they have before the interview?

Like you have said its total ignorance and I haven't done it intentionally, I am absolutely petrified though in case I get sent to prison as I am my sons only parent and my parents live far away! Thank you for all your advice xxxxx

[NoworNever]

"am slightly worried if they have pics though as we go to asda together n they might try and portray that in a way to suit them" - is that when he goes to buy his own shopping then, 2 trolleys etc.... ? From the information you've put on here then, in investigators terms, you're bang to rights, a near text book case of LTAHAW.

[Kezza28]

"am slightly worried if they have pics though as we go to asda together n they might try and portray that in a way to suit them" - is that when he goes to buy his own shopping then, 2 trolleys etc.... ? From the information you've put on here then, in investigators terms, you're bang to rights, a near text book case of LTAHAW.

 

If we go together then we share a trolly but pay separate or I might go during the week for my food n then accompany him on a Friday to get his. Surely I can't be in trouble for going shopping with him??! That's just stupid!!

Edited October 17, 2012 by Kezza28

[craftycaz]

Sorry to sound harsh Kezza, but you really need to read all that you have put on here again and this time pretend it's not you you are reading about. All the info regarding his mail etc rings true, however, when you come to the bits about meals and shopping I suggest you look at these issues again because altho' you may have made a genuine mistake because of false info given you by the job centre, all the stuff about meals and shopping just doesn't ring true.I have had several relationships and I have never expected my boyfriend/partner to feed himself at my home and I don't know anyone else who has. This may be your downfall, because it doesn't sound right. You need to go in there with a realistic argument and to me that would not be part of it. I wish you good luck for your case and for your future.

[Stan Lee]

I can see how it would look to the investigators but I was only going on what I had been told by my advisor at the job centre. Even if they have bank statements there is nothing on them, am slightly worried if they have pics though as we go to asda together n they might try and portray that in a way to suit them. Is there any way my solicitor can find out what evidence they have before the interview?

Like you have said its total ignorance and I haven't done it intentionally, I am absolutely petrified though in case I get sent to prison as I am my sons only parent and my parents live far away! Thank you for all your advice xxxxx

 

Kezza, your solicitor should be able to obtain disclosure of the evidence held against you prior to you attending the interview. My understanding is that this often occurs right before the start of the interview, where the solicitor enters first, speaks to the investigator, and then leaves to advise the client. Anecdotally, I have heard of solicitors speaking to investigators over the phone to obtain disclosure, but I wouldn't take that as gospel. In addition, my understanding is that the investigators usually disclose the evidence they have so as to allow the solicitors to properly advise their clients; this may mean that they are not required to disclose every last little shred of evidence that they have (I am open to correction on this).

 

Finally, out of all the comments on this thread, I would pay very careful attention to Jabba Jones's comment: look out evidence that shows that your partner is not financially supporting you.

[Lillibelle]

Kezza,,what benefits are you on? And have they given you any idea what time frame they are querying??

[hine moa]

Kezza, your solicitor should be able to obtain disclosure of the evidence held against you prior to you attending the interview. My understanding is that this often occurs right before the start of the interview, where the solicitor enters first, speaks to the investigator, and then leaves to advise the client. Anecdotally, I have heard of solicitors speaking to investigators over the phone to obtain disclosure, but I wouldn't take that as gospel. In addition, my understanding is that the investigators usually disclose the evidence they have so as to allow the solicitors to properly advise their clients; this may mean that they are not required to disclose every last little shred of evidence that they have (I am open to correction on this).

 

Finally, out of all the comments on this thread, I would pay very careful attention to Jabba Jones's comment: look out evidence that shows that your partner is not financially supporting you.

 

Yes, this happened for me, met my solicitor at the place of the IUC an hour before the Interview, she had already had a meeting with the investigators and got the information from them on what it was all about.

[worried33]

here is my honest view.

 

its based on what you have posted.

 

I think they got the case from his postal address, car tax etc. now days this stuff is easy to cross check. Cant rule out a neighbour been too nosy as well.

 

In my view you will have a hard time convincing them they wrong, he effectively does live with you. Also another point of view you are basically saying he is homeless.

 

Your best approach is say sorry for the mistake you wasnt aware you was doing anything wrong and make sure you honest with them. You are happy topay back what may have been overpaid, make sure you say that bit early on. I dont think they will do further action if you willingly say you will pay it back.

 

As for your boyfriend I think he should pay towards the costs of the place. As you effectively do now have costs because his post etc. been delivered will reduce your benefits.

[Kezza28]

He buys his own food as I can't afford to feed him as well as myself and child.

 

Anyway just got back from my solicitors and he thinks its come about due to his post etc coming to the house. He seems to think that I have a good case as I was wrongly informed by my advisor on the rules.

He said that at the interview he goes in first and they tell him of what evidence they have and then he comes to me to tell me and we discuss the best way forward an then we go ahead with the interview.

 

They haven't said anything about a time scale and all my bank statements clearly show all the bills, rent etc going out of my bank and they are all in my name and they only incomings are my benefits.

 

I claim IS, housing benefit and council tax benefit.

Edited October 17, 2012 by Kezza28

[jabba jones]

The 3 day rule is a myth. It has never existed.

All advisor's should know this & a quick rebuttal statement from the advisor (or any advisor tbh) will weaken your argument I'm afraid.

 

They will look at him moving in from the date he started registering your address as his.

[NoworNever]

How many people do you think go to a fraud interview and say the advisor told me it would be ok ? That doesn't wash I'm afraid, the answer will be that no advisor would tell you that. In theory the advisor could be asked what he/she would say if someone asked how many nights can my partner stay etc..... No prizes for guessing what the advisor would reply and it wouldn't be 3 nights a week would it ?The investigators will give your solicitor some brief disclosure before the interview - ie we want to ask about her partner and we have some documents to show etc... They are not obliged to show everything before the interview but tend to do so to aid the process. Your statements show the bills are paid and give the example of the rent - it would be you get HB as a single person.Perhaps a more pertinent question is what would your partners bank statements show ?

[abc123def]

Agreed, the advisor told me it was ok is never taken as fact. No evidence, it's what people say.

[Lillibelle]

Kezza..go to the interview,don't be scared,you can't change whats already been found out.I'm on your side,I really am,,I won't kick you when you are clearly already down,,but the truth is hun,,he lives with you and you have been claiming as a single person.He has no other fixed abode,all his life comes to your house,he lives there,,maybe not in name,but he does live there,The 'buy own food' story just sounds daft to be fair,,it may be true,but it doesn't sound it.

Find out what they know,and just be honest,,it's going to be a weight of your mind and you can live free of the thought of getting caught again. I can't tell you what the findings will be,,nor what overpayment you will be made to pay back,but please,please don't dig yourself a huge hole you can't get out of by lying :)