Benefit Fraud Help

[Squirrel84]

Hi! Ive no idea if anyone can help me here, I had an Interview Under Caution last October about my boyfriend living with me. Their main issue seemed to be that he had signed a birth certificate for our daughter. It is clear on my bank statements (that I have to assume that they have) that all of the bills, shopping ect are paid by me, but I have had a letter today saying that they are suspending my payment:::

 

'In accordance with the Benefit Regulations becuase I require further information. Before I can reinstate your claim I require the following information by no later that 13th March 2013 otherwise your claim will be terminated from the 12th September 2011 and you will have to make a new application. This may result in a loss of benefit. I refer to the interview with Mrs _____ & Mrs ______ investigation officers on 12th October. I have considered all the information and deemed that you and Mr _____ as living together from at least 12th September 2011. In order for me to assess your benefit from 12 September 2011 I require the following:

 

I require one piece of documentation for Mr ____ to confirm his NI Number

 

A second proof of identity is also required for Mr ____ in addition to that provide for proof of their NI Number

 

Proof of Mr _____ income since 12 September 2011. As the evidence requested goes back to September 2011 I will accept a print out from his employer of all wages received.

 

Written confirmation of all bank accounts help by Mr _____ and the balances of these accounts. If your total capital is more than £5500 please supply evidence of these accounts. This maybe current and savings bank/ building society/ post office accounts, shares, stocks, bonds and any other investments. Your statements/ bank books must cover the last 8 weeks.

 

If the above information is not received your claim will be terminated from 12 September 2011 and you will be overpaid Housing Benefit of £6278 covering the period 12 September 2011 to 17 Feb 2013. If you wish me to consider reducing this overpayment by awarding underlying entitlement you must supply all the evidence as details above. If this is not provided by 13 March 2013 the overpayment will be as detailed above and recoverable from you.

 

How the heck am I supposed to get that info?? Also all of that info will show that his address was not the same as mine surely?? Aargh!!!

 

Thank you for your help in advance xx

[estellyn]

Have you had an overpayment decision for the period they think you were living together?

[Squirrel84]

I dont think so? Only this letter so far.

[estellyn]

You need to appeal the decision in this letter. Basically what they are saying is they've decided that you've been living together and want to assess your boyfriend's income to see if you're still entitled to benefit during that time and calculate any overpayment and ongoing award.

 

You must write to the benefits section saying you appeal and provide proof he was living elsewhere and not financially contributing to the household.

 

When he signed the birth certificate, what address did he give?

 

Can you get help from CAB or Welfare Rights with the appeal? These types of appeals are difficult and specialist help is a good idea to help prepare your case.

[Squirrel84]

The birth certificate is the main problem as he left the room while we were going through it and no other address was given for him as the question was not asked.

However that was signed in July 2011 and the letter gives a date 2 months after this.

 

Are bank letters and bills ect showing a different address along with a forwarding address given to a different council enough or would I need more than this?

And can I request copies of all data held on me (under the councils data protection policy?)

My next step was to contact CAB on Monday morning to see what advice that they can give me.

[estellyn]

The best thing is to show that he pays bills at a different address (rent/mortgage/council tax/water/credit etc), that things like vehicles and doctor are registered at the alternative address, plus any car insurance.

 

Does he sleep over at your address? Does he make any financial contribution, and if so is this financial contribution to the household or child maintenance? Does he pay for anything at your address - for instance sky tv? Does he have anything registered at your address, for instance credit agreements or a car? Does he keep anything at your address?

[Squirrel84]

The maintenance agreement that we have in place is a car that is in his name that I have use of. (My house is in the middle of nowhere and since my little girl started school this had been essential) It is in his name but registered here as it is kept here. He has his own car that I am not on the insurance for and do not drive (of course). No financial contribution to anything else, all of the bills come out of my bank account. He has been registered on the council tax at his Mums house since around November but was on no register before that (there is 2 other people at his Mums so there was no difference to the council tax hence why it didnt get done before). Im sure that I could get copies of bills ect to his Mums address and a copy of the address he is at with his doctors. There is a pair of trainers and a few t shirts here I think but nothing else, and none of his mail comes here. He stays maybe once a week if that which I told that at the IUC.

[estellyn]

So it sounds like the two pieces of 'evidence' they have is a birth certificate not indicating he lives at an alternate address and a car in his name registered at your address.

 

I suggest with your appeal you provide:

 

Proof of his car registered at his address

bank statements/credit card statements for the entire period showing his address

Any bills in hills name at his address

A letter from the dr's surgery (if they'll do it, you may have to pay) confirming when he registered with them, at which address and is currently registered.

A letter from his Mum confirming how long he has lived there, that he still lives there and whether he pays board.

If he's employed, a letter from his employer confirming the home address they have for him

Anything else you can think of that would corroborate his address - for instance any contacts he's had during the questionned time period with authority and had to give his address (HMRC, police etc)

 

A covering letter, appealling the decision that you were living together from 12th September 2011 to present, explaining your current arrangements with your boyfriend and his current address - how long he's lived there etc, previous addresses for him if relevant. Seeing CAB is a good idea, they should be able to help with all of this.

 

Your benefit may be stopped if it hasn't been already and you may need to make a new application if this happens.

 

Can you remember if they had any other evidence at the IUC.

[Squirrel84]

Hi! Thank you so much for your help I will try and get all or the majority of that information to send along with my appeal letter. I think that the birth certificate was the main thing along with the car. Oh and that his vehicle had been seen here by a member of staff who drove past on her way to work, but unless I could confirm the dates with them of this then he may have taken the car I have use of or left that car here. (He has another car which they never asked about). (I was never shown this evidence in the IUC and that was how it was put to me).

 

He was sent a letter from the council asking him to attend an 'informal chat' about 3 weeks ago but he didn't attend so Im not sure if they have taken this as him being unwilling to confirm my version of events and therefore going ahead with sending this letter.

 

I have got a letter from the council that he was under prior to moving to his Mum's address stating that her address would be his new address so I will include this as well.

 

Am I able to request all of the evidence that they hold in order to have a better understanding of what I should provide them?