Confiscation Order for overpayment - some advice please

[Soyamocha]

I was due to be sentenced for benefit fraud (did not declare change of circumstances regarding some savings). Strange thing is that they DWP cannot locate my original claim form and I have never completed an A2 form, so there is no paperwork of me saying I have no savings.

 

As I say I was due to be sentenced at the Magistrates Court and a second before sentencing, the prosecution advised that the DWP want to implement a Confiscation Order. As a Mag court cannot implement a C Order it has to be transferred to the High Court. I have been waiting months for this to come to court, went just before Xmas and this was adjourned awaiting a Pre Sentence Report and I was expecting the outcome this week and now it has been put back again.

 

I just want to know if I turn up at the next hearing and bring a cheque for the full amount of the overpayment will the DWP still insist on going down the Confiscation Route. I have already been making payments. If they do go down the confiscation route that will take another 6-8 months and this has been going on since April 2012.

 

Any help would be welcomed.

[jabba jones]

It's not something I've had dealings with often, but confiscation orders via the Proceeds Of Crime Act can actually recover more than the full amount of the overpayment.

 

They can look at all your assets & if you cannot prove how you got them, then its up for grabs!

 

Like this case from the Daily Heil where £1.2 million was confiscated from a £43,000 overpayment.

http://www.dailymail.co.uk/news/article-2205496/Nigerian-minicab-driver-claimed-earned-just-700-month-owned-luxury-1m-mansion-Africa.html

 

I presume this will be the extreme, but your solicitor should be able to advise you further about what your best course of action would be.

Edited January 19, 2013 by jabba jones

[Soyamocha]

Thank you

Edited January 20, 2013 by Soyamocha
I replied and wish to remove my message