Help Benefit Fraud

[lucie814]

Sorry if i have posted in the wrong place but i'm desperate for help.

 

Basically, my elderly parents (70 and 78 years old) have recieved a letter stating 'investigation for benefit fraud' and have to attend an interview next week.

 

They are out of there minds worrying about it and racking their brains as to what its about. They both recieve Attendance Allowance, Housing Benefit and Council Benefit.

 

Nearly two years ago my brother moved into their house after leaving his wife, i believe my parents have not told the council that he is there as my father does'nt think they need telling. Possible problem no: 1.

 

Possible problem no: 2, my father was left some inheritance about 18 months ago that i know is in excess of £17,000.

 

My father thinks it could be the latter as i have explained that i'm sure there is a threshold in place that is set by the DWP.

Unfortunately, my father was under the illusion that he was able to have this inheritance and that it did not have to be declared. He genuinely thought it wasnt a problem and now is so scared about what will happen to them.

 

What we would like to know is whether they will lose their benefits, i.e, HB and CT and what about their Attendance Allowance?

Also, we are scared that they will have to go down the legal route and appear in court, thus recieving a criminal record and ordered to pay back thousands leaving them hard up (the inheritance would be left for us and not spent by them).

 

I would be ever so grateful for your advise on this.

 

Thank you.

[lucie814]

Please help anyone??

[honeybee13]

Hello there.

 

I think you'll get replies on the main forum for benefits. I'll move your thread there and leave you a short term redirect from this forum.

 

My best, HB

[jabba jones]

Who is the interview with?

DWP, council or both?

 

I believe there has been a capital scan on Pension Credit claimants recently & although you've not mentioned it, if they are claiming this there's a good chance the inheritance would showup on the scan. It would then depend on what type of award they have & how long it is for as to whether the inheritance had to be declared.

 

I'm afraid I can't be much more help, but they could always phone the investigator & ask what the suspected offence is. They won't be able to tell them much, but should be able to say if its undeclared savings or something else, which is then a big clue.

[lucie814]

Thank you so much HB X

[Crocdoc]

Lets look at this one in reverse, your father inherited £17000 which is above the upper threshold for Housing Benefit and Council Tax Benefit. The fact that it is your fathers intention to leave this money to family is irrelevant and this figure will be taken into calculations for means tested benefit claims such as HB an CTC. Even if your dad gave the money away it would be considered to be notional capital. Attendance Allowance on the other hand is not means tested and should not be affected.

 

Your brother living at your parents home may create an additional problem as his income would once again be taken into account for means tested benefit, this is known as non dependant deduction.

 

I cannot predict the outcome, however I would suggest that the capital available should be offered to repay the established overpayment and a new claim made based on factual circumstances.

 

In situations such as this it is difficult to be 100% precise without knowing full detail, however I hope this information is of some assistance.

[lucie814]

Thanks for the reply jabba jones.

 

I do believe they claim pension credit yes.

 

Would the outcome be the same, i.e, possible prosecution and sanction of HB and CTB?

 

Again my father honestly didnt realise.

[lucie814]

Thanks Crocdoc, however i've now been informed that the inheritance is double what i first stated.

 

I'm hoping that as this is a first offence so to speak, plus he is full of remorse and more than willing to pay back the overpayment, they will go easy.

 

I really hope

[Crocdoc]

Thanks for the reply jabba jones.

 

I do believe they claim pension credit yes.

 

Would the outcome be the same, i.e, possible prosecution and sanction of HB and CTB?

 

Again my father honestly didnt realise.

 

Pension Credit unfortunately is also means tested.

[lucie814]

Sorry i forgot to mention, the letter said that it was from DWP and possibly a member present that deals with HB and CT. It will be held at a local Jobcentre Plus.

[Crocdoc]

Thanks Crocdoc, however i've now been informed that the inheritance is double what i first stated.

 

I'm hoping that as this is a first offence so to speak, plus he is full of remorse and more than willing to pay back the overpayment, they will go easy.

 

I really hope

 

Sorry we appear to be overlapping on posts. Repayment will go a long way to resolving the issue.

[scotgal68]

Croc is correct, the inheritance will affect HB,CTB and PC...also the fact they have an undeclared non dependant adult living with them, will also have an affect on the level HB&CTB they receive. So it could be either or both these factors which have initiated the investigation. The DWP will already have the evidence - do u know if it's an interview under caution?

The DWP arent concerned with first offences, fraud is fraud in their eyes. Your parents age might go in their favour x

[lucie814]

Thank you so much for your help.

 

We are hoping this can be resolved easily and relatively pain free. My dad is so cut up about this and so sorry for what he's done that of course he wants to pay back any overpayment.

 

Again, thanks for all the responses xx

[NoworNever]

As they get AA there would be no non-dep deduction in this case, son's income should be declared but would not be taken into account.Having said that over £34K would nil the HB/CTB anyway.If he's still got the money I'd put money on the fact that the LA/DWP will try to issue an admin penalty, which is a fine, rather than pursue a prosecution.

[lucie814]

As they get AA there would be no non-dep deduction in this case, son's income should be declared but would not be taken into account.Having said that over £34K would nil the HB/CTB anyway.If he's still got the money I'd put money on the fact that the LA/DWP will try to issue an admin penalty, which is a fine, rather than pursue a prosecution.

 

Thank you for the reply. I do hope you are right as that would be the best possible outcome for us. Fingers crossed

[tezza1234]

We all know genuine honest people like most of us are often dont realize many things, but in the eyes of the JC and DWP ignorance is no excuse. At least your parents have the funds to be able to rectify this. Good Luck

[lucie814]

Hi everyone, you may recognise my username from a recent post re: benefit fraud.

 

Basically i posted for my dad as he has been invited to an IUC for benefit fraud but after a call to the relevant department we have found out that it is about his Pension Credit and Occupational Pension.

 

My father has told me that he has two Occupational pensions but only one that has been declared. The other that has not is for a small amount monthly that my father regrettably thought didnt warrant declaring. he has been in reciept of this pension for approx 15 years.

 

The Pension Credit ivestigation must have something to do with the amount of inheritance that he has recieved 18 months ago, although the inheritance was never mentioned by the lady at the JCP when my father rang on friday.

 

On researching, or trying to, the possible outcomes for my father, i am fearing the worst.

 

Dad is not in great shape. He is an elderly man who is in bad health and hard of hearing. This is killing him as he is a genuine, honest man without a bad bone in his body.

I have said previously that he will pay the money back in full straight away and apologise whole-heartidly for the mess that he has made.

 

I'm hoping now that we have found out a little more on the matter, you kind people may be able to shed some light on what may happen.

 

Thank you

[lucie814]

Hi everyone, you may recognise my username from a recent post re: benefit fraud.

 

Basically i posted for my dad as he has been invited to an IUC for benefit fraud but after a call to the relevant department we have found out that it is about his Pension Credit and Occupational Pension.

 

My father has told me that he has two Occupational pensions but only one that has been declared. The other that has not is for a small amount monthly that my father regrettably thought didnt warrant declaring. he has been in reciept of this pension for approx 15 years.

 

The Pension Credit ivestigation must have something to do with the amount of inheritance that he has recieved 18 months ago, although the inheritance was never mentioned by the lady at the JCP when my father rang on friday.

 

On researching, or trying to, the possible outcomes for my father, i am fearing the worst.

 

Dad is not in great shape. He is an elderly man who is in bad health and hard of hearing. This is killing him as he is a genuine, honest man without a bad bone in his body.

I have said previously that he will pay the money back in full straight away and apologise whole-heartidly for the mess that he has made.

 

I'm hoping now that we have found out a little more on the matter, you kind people may be able to shed some light on what may happen.

 

Thank you

 

Any ideas maybe? Please?

[honeybee13]

Hello again.

 

I don't think having two threads is necessarily the right thing for you, as all these matters seem to be interlinked. I'll merge this with your previous thread and hope the advisers who came along last time will see it.

 

It's a shame that your father has got into this situation and it's hard to guess how it may go. He sounds like an honest man who has made genuine mistakes, I would hope if he tells them the truth it will mitigate any repercussions.

 

HB

[scotgal68]

I can only advise that they might take his age/health and willingness to pay it back in one go into account, it might work in his favour. So the inheritance wasn't the reason for the IUC?

Do they know about the inheritance?

[lucie814]

I can only advise that they might take his age/health and willingness to pay it back in one go into account, it might work in his favour. So the inheritance wasn't the reason for the IUC?

Do they know about the inheritance?

 

Hi, thank you for the reply.

I think to be honest they will know if they are pulling him in for pension credit as well as occupational pension. X