help and advice would be appreciated - accused of benefit fraud - ** NOT being prosecuted :) **

[Desperate Daniella]

Hi vodkamags,

 

I'm not entirely certain about this so you'll need to wait for some input from others, but I would think they are referring to a Police Caution which is different to an Interview Under Caution. If that's the case you wouldn't be expected to put it down.

 

If you have agreed repayments I doubt very much if they intend to take you to Court. What would they achieve? They have to justify the expense of taking someone to Court and as they are already getting their money back I can't see that they will take any further action.

 

DD

[tomtom256]

If you have not been formally charged i.e. had a formal caution (not an interview under caution), agreed to an administrativepenalty or been to court then there is no need to list it at this stage.

 

Obviously should they prosecute then it could cause issues further down the line, if the job requires a clean CRB check.

 

How long ago did you get the overpayment letters as it can be a few months after that before a decision is made on the criminal aspect of any investigations. Also if it's DWP's lead it could be considerably longer as CPS are rubbish.

[Desperate Daniella]

They could prosecute, but a lot of girls on CAG have had similar situations, many of which have been worse than this, and the worst that has happened is they have had to make repayments. I think it's very unlikely.

[bio]

tomtom is right - the overpayment recovery letters are sent out long before the case is prepped for court proceedings. And just because someone starts to repay the overpayment, it doesn't stop the case going to court - why should it?

[Desperate Daniella]

For the simple reason that if they prosecute they have to justify spending taxpayers' money to do it so they tend to only prosecute in cases where there has been a deliberate and long-term fraud. The amounts for both benefits total under £5,000 and it is being repaid. Why would they want to spend more money on it?

[bio]

Sorry DD - but DWP and LA tend to prosecute on cases where the overpayment is more than £2000 - which this case is. If benefit fraud cases went unpunished, where would the deterrent come from to deter others from committing benefit fraud?

[vodkamags]

well another update on Friday i received a letter from the social security agency to say that they would not be prosecuting me. im so glad because as i stated before i didn't think i was doing wrong. Obviously i will keep replaying the overpayment and will hopefully never be in this situation again.

 

thank you for all advice and reply

[honeybee13]

Hello again.

 

That's such good news, I'm really pleased for you. It must be a big relief after all this time. And thank you for letting us know, I'll update your thread title.

 

HB x

[Desperate Daniella]

Hi vodkamags,

 

That is great news and I am so pleased for you.

 

I didn't think for one minute that they would prosecute you and I am so glad that has turned out to be the case.

 

I actually think they are pretty good at recognizing where a genuine mistake has been made, as in your situation.

 

DDx

[jadeybags]

well another update on Friday i received a letter from the social security agency to say that they would not be prosecuting me. im so glad because as i stated before i didn't think i was doing wrong. Obviously i will keep replaying the overpayment and will hopefully never be in this situation again.

 

thank you for all advice and reply

 

5k & they decided not to prosecute? Might be worth trying to appeal that over payment, or maybe it's too late. They must feel they don't have enough proof...

[vodkamags]

5k & they decided not to prosecute? Might be worth trying to appeal that over payment, or maybe it's too late. They must feel they don't have enough proof...

 

yes i did wonder whether or not to appeal but don't have any idea how to go about it. to be honest i dont want any more stress for something that i didnt think i was doing wrong

[vodkamags]

Hi vodkamags,

 

That is great news and I am so pleased for you.

 

I didn't think for one minute that they would prosecute you and I am so glad that has turned out to be the case.

 

I actually think they are pretty good at recognizing where a genuine mistake has been made, as in your situation.

 

DDx

 

thank you i wondered if they would have made an example of me im happy to finally let go of the stress and worry.