poss going to prison for benefit fraud? - ** RESOLVED WITH SUSPENDED SENTENCE **

[bedofweeds]

So iv had two interviews. Now it's time to pay it back.

 

They have said they want 120 income support and 150 council tax a month. I can't afford it, and struggling to pay it.

Now I'm starting to worry il be going prison. My last interview was 6 months ago, when will I get a court date? I'm terrified.

 

From memory the DWP can take 30% of your benefit income off you as fraud is involved.

 

I have heard of cases where they have left people with very little money after bills and they were not allowed to reduce the recovery below 30%.

[Mummytotwox]

So I have my court case on 11november. I am terrified. I do not know how the hell I am going to cope. Been to see solicitor and we're hoping for a suspended sentence. But it's 36k.. It's likely prison. But because I have depression I have been collecting letters from my doctors, health vistor,a nd a close family friend. What else can I do?!! I can not imagine being a day away from my babies, let alone 6+ months. And over Xmas.. And my daughters bday!! I just don't know what to do!!

I feel sick and ill.

[bedofweeds]

So I have my court case on 11november. I am terrified. I do not know how the hell I am going to cope. Been to see solicitor and we're hoping for a suspended sentence. But it's 36k.. It's likely prison. But because I have depression I have been collecting letters from my doctors, health vistor,a nd a close family friend. What else can I do?!! I can not imagine being a day away from my babies, let alone 6+ months. And over Xmas.. And my daughters bday!! I just don't know what to do!!

I feel sick and ill.

 

Prison is certainly an option with that level of fraud - see

 

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/obtaining_benefit_fraud/

 

I am aware of a case totalling £12,000, over a period of 2 years that resulted in a 6 month sentence, to serve 1 month in prison with the remaining 5 months suspended for 12 months.

 

Fraud is fraud, theft is theft whether it is carried out by a 24 year old single guy or a 24 year old single mum the sentence should still be the same.

[antone]

.

 

Fraud is fraud, theft is theft whether it is carried out by a 24 year old single guy or a 24 year old single mum the sentence should still be the same.

 

Not really. After all, the courts need to consider the possible effects of a custodial sentence on others, including minor children in the care of the defendant. The defendant's mental state is also relevant.

 

Nonetheless, I agree that prison is a possibility in these circumstances. I wouldn't say it's particularly likely, but it is possible. OP, you have done the right thing by speaking to a solicitor, and while you're welcome to continue to post here, I think it's their advice that you really need to take.

[bedofweeds]

Not really. After all, the courts need to consider the possible effects of a custodial sentence on others, including minor children in the care of the defendant. The defendant's mental state is also relevant.

.

 

Ah so it is OK for a single guy with no dependants to be sent to prison but a totally different kettle of fish for a single mum with young children who may or may not be depressed to be given a Community Service sentence? Surely, that is a 'Get Out of Jail' card that should never be used. The single mum should have thought more about what she was doing at the time especially as regards her kids. No sympathy from me - same offence - same punishment. I get really angry when I hear of these stories put out to the courts in trying to mitigate somehow the sentence that is justly deserved.

 

I would add that I am aware of one young vulnerable lad with no dependants who was sent to prison for benefit fraud who refused to admit to the court that he had a recognised severe level of mental illness. I suppose that if he had produced the medical evidence he would have been told that he was 'rather naughty' is stealing from the public purse and been handed down a conditional discharge!

Edited October 11, 2013 by bedofweeds

[Mummytotwox]

Because it's not just me who's being punished, it's my babies. I tried explaining to my son who has autism that I might have to go away soon, but he can ring mummy. Iv never heard him cry so much!

 

 

Quick question, the court doesn't know I'm married, as I got married in July and haven't heard from them since February. Do I tell them? Because all the letters they've sent me is in my maiden name

[bedofweeds]

Because it's not just me who's being punished, it's my babies.

 

Oh I see, but then why didn't you consider that fact before you embarked on your criminal activity? You had more to lose than most, yet you expect to be treated leniently because of the children.

Sorry, but I do not accept that your children should stop the same sentence being handed down as would to a single guy with no dependants. You knew exactly what you were doing was illegal.

 

By the way I was that guy, except that I had twin girls aged 2, a wife and that I was the only breadwinner in the family. Yes I stole from the public purse a total of £12,000 over a 2 year period (working as and when and claiming). I certainly didn't bleat about how unfair it would be on my family if I went to prison. I carried out a criminal activity and deserved everything that they could throw at me. I was 36 and had never been in trouble before.

I received a 6 month sentence, 5 months suspended and to serve a month in HMP Strangeways, miles away from where we lived.

Edited October 11, 2013 by bedofweeds

[Mummytotwox]

You don't know anything about me. You don't know what was going on in my life at the time I did do it. I take full responsibility. Completely. Which is why I'm pleading guilty. But I can honestly say I didn't think I'd be caught. Probs like the millions of other people. And yes I have a lot more too lose, but this worry and fear I have over me now, is enough punishment for me to never want to do a single bad thing again. The thought of spending Xmas and possibly my daughters birthday away from my babies, makes me not want to be here anymore. I can not imagine not seeing them. They are the only reason I am living now.

[45002]

So I received a letter today.. Full of evidence of my wrong doing..

 

I owe £30k to housing benefit and income support from 2009.

 

I am terrified now. What will happen at court?! I really don't want to go to prison.

So I have my court case on 11november. I am terrified. I do not know how the hell I am going to cope. Been to see solicitor and we're hoping for a suspended sentence. But it's 36k.. It's likely prison. But because I have depression I have been collecting letters from my doctors, health vistor,a nd a close family friend. What else can I do?!! I can not imagine being a day away from my babies, let alone 6+ months. And over Xmas.. And my daughters bday!! I just don't know what to do!!

I feel sick and ill.

Mummytotwox

 

 

What have the dwp actually accused you of doing wrong ?

[Mummytotwox]

From June 2009 until February 2013. I have two counts of failure to let them know of change.

[45002]

OP Previous threads....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363233-Interveiw-under-caution-benefit-fraud-!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?366519-They-re-watching-me!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?367594-how-long-after-IUC

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363233-Interveiw-under-caution-benefit-fraud-!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378785-benefit-fraud..

 

From June 2009 until February 2013. I have two counts of failure to let them know of change.

What where the changes you didn't tell them about Edited October 11, 2013 by 45002

[Mummytotwox]

Living with a partner. Iv admitted everything at my last iuc in February

[45002]

Living with a partner. Iv admitted everything at my last iuc in February

 

36k is a heck of a lot of money...

 

Let's hope you have a good Solicitor then to defend you in court on 11th November !

[Mummytotwox]

It is a lot, but not a major amounts. Over 4years it's only 9k a year. My solicitor is very good, I have letters from the doctor, my home start worker, and a close friend to say my mental state now and then.

[Mummytotwox]

Completely different to a dad going inside then a mum. I didn't do it to fund a luxury lifestyle, it was completely to live on!

[antone]

Right, enough!. The OP already knows she has done something wrong. Reminding her repeatedly of this does not help anyone.

[mr_mastiff]

In the real world your right its not a lot of money. I had worked all my life and only now understand the difficulty of trying to live on benefits. You have admitted you were in the wrong and have placed a number of statements in mitigation. The court/Judge will know that every case and circumstance is different I for one wish you good luck.

[bedofweeds]

Completely different to a dad going inside then a mum. I didn't do it to fund a luxury lifestyle, it was completely to live on!

 

Neither did I. It was all spent on the expenses of a new family - twins, as I was claiming as I was out of work - just the odd few cash in hand jobs when they came about. Probably earned no more than £700 over the two years but ended up repaying all of the benefits received for those two years - £12,000!!!

As well as spending a month in prison.

[bedofweeds]

I wonder how you of all people could have upset someone ?

 

Quite easy - I just do when I am told to do something that I think is beyond ridiculous like having to stand behind a line being talked to as though I was ****. They got a mouthful back and more!

[45002]

Mummytotwox

 

I give you credit for admitting every think in your last IUC and now on CAG to what you have done was wrong.

 

It's now in the hands of the courts and your Solicitor to defend you,good luck....

Edited October 11, 2013 by 45002

[jabba jones]

Right, enough!. The OP already knows she has done something wrong. Reminding her repeatedly of this does not help anyone.

 

Agreed, but it's still interesting how this story has gone from complete denial (despite mountains of evidence) at the start of those multiple threads. To this.

 

I take full responsibility. Completely. Which is why I'm pleading guilty. But I can honestly say I didn't think I'd be caught.

 

There are always 2 sides to the story & it's not always the big bad bully fraud investigators who are fault. That's why no one should ever give the advice on this forum that an OP will not be going to prison. It's happened a few times in the threads connected to this case & the truth is no one can say for sure. Even now I wouldn't say its a forgone conclusion, because from experience I know it certainly isn't.

[mr_mastiff]

Agreed, but it's still interesting how this story has gone from complete denial (despite mountains of evidence) at the start of those multiple threads. To this.

 

 

 

There are always 2 sides to the story & it's not always the big bad bully fraud investigators who are fault. That's why no one should ever give the advice on this forum that an OP will not be going to prison. It's happened a few times in the threads connected to this case & the truth is no one can say for sure. Even now I wouldn't say its a forgone conclusion, because from experience I know it certainly isn't.

 

Jabba I like your frank honesty, you have made a fair summery, however some of the posts that have been made by others have made me feel that they are trying to kick this woman when they know she is already out for the count.

Edited October 11, 2013 by mr_mastiff

[antone]

Agreed, but it's still interesting how this story has gone from complete denial (despite mountains of evidence) at the start of those multiple threads.

 

Yep, I'm just trying to keep order. It's my job

 

Personally, I'm often reluctant to give advice on possible sentencing, because there are so many factors a court will consider and the limitations of the message board format (amongst other things) mean that we can never have the full picture.

[jabba jones]

some of the posts that have been made by others have made me feel that they are trying to kick this woman when they know is is already out for the count.

 

Yes, but they have an axe to grind.

 

This thread is now WAY beyond any useful advice this site can give & looking at newspaper stories of other cases or sharing experience of old benefit fraud prosecutions is of little help.

 

No case is the same & no court experience is the same. Its now up to the judge, the solicitors, what mitigation is taken into account etc etc etc.

Mummytotwox should really be talking to her solicitor about these things as he/she will be the person talking on their behalf in court.

[mr_mastiff]

Agree totally.