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i'm being prosecuted for benefit fraud


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hi! no nasty comments please. I was claiming housing benefit and council tax benefit and changed my job, no change in the amount of hours worked but i thought I'd informed the council. Recently i had been offered overtime I work in retail so its always a case of if we are busy on the day. I did set out to inform the council of my overtime but never did and they are prosecuting me for just over £3000 will i have to inform my employer and would a conviction be a sackable offence.

 

Thanks in advance for any help x

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Hello and welcome to CAG. We're not here to judge people, so I hope people will be gentle with you.

 

I'll move this thread to the benefits forum, where people will be able to answer your questions. They should be in over the course of the day. I'll leave a short term redirect from this forum for you to follow.

 

My best, HB

Illegitimi non carborundum

 

 

 

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hi! no nasty comments please. I was claiming housing benefit and council tax benefit and changed my job, no change in the amount of hours worked but i thought I'd informed the council. Recently i had been offered overtime I work in retail so its always a case of if we are busy on the day. I did set out to inform the council of my overtime but never did and they are prosecuting me for just over £3000 will i have to inform my employer and would a conviction be a sackable offence.

 

Thanks in advance for any help x

 

I'm not sure if this is a benefit forum query (grounds to plead not guilty / mitigation) based on lack of intent vs. an employment forum query (at what point would you have to inform your employer / is a conviction 'sackable')

 

For the latter :

Is your job one where you need a CRB / Enhanced CRB (now called DBS's). ?

Does your contract of employment state you must inform your employer of any outstanding proceedings?

 

If not, then you don't HAVE to inform your employer of the case, but might CHOOSE to do so.

 

Does your contract of employment require you to inform your employer of any conviction or require you to not behave in any way that might bring the company into disrepute?

If so, a conviction MIGHT be 'sackable'' in so far as "gross misconduct" is 'stackable' : depends on what your job is (cash handling? Access to vulnerable persons? Financial or administration of justice areas?), your employer's policies, and your employment contract.

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Even if a DBS check is needed (CRB has now been replaced with DBS) many of these cases do not go to court and therefore often nothing shows on a criminal record. I'm not saying this case won't go to court but there are many factors they will consider before deciding which cases do and which don't. Action taken by the LA without court action is civil and not criminal.

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