carers allowance alleged dishonesty !!

[mrst34]

Hi, im a mother of 3. Happily married to a graphic designer. Live in a decent house on a nice road (moved out of council 3 years ago). I am in my first year of a nursing degree and 2 of my kids receive dla for disabilities.

 

In 2011 i claimed CA as i wasn't working and oldest was in receipt of dla, i started a small cleaning business and told all agencies of this.

 

After 6 months the business died so reclaimed CA....I then work in care 4 months later and notified HMRC to inform about tax credits and the lady told me "we can ring CA for you", great one less call i have to make...

 

Carried on as normal and then in november 2012 i received a letter for interview under caution, i had no idea what for. Once in interview they explained i had been receiving CA whilst working and earning to much. I explained what had happened and apologised and said i would repay overpayments.

 

In june 2013 i got a letter from DWP to start repayments and that no civil penalty would be issued...Joined uni in sept 2013 and the in nov 2013 i received a court summons for benefit fraud.

 

I immediately went to CAB and got a solicitor. The first 2 times in court we adjourned as my solicitor was trying to get it thrown out of court as its a small amount and has no public interest. DWP asked for evidence of my children's problems and my uni enrolment. On the third visit to court last week he said despite sending evidence the will not drop it, I've pleaded not guilty to the charges 111(1A) and (3) of social security act 1992.

 

So i now go to trial in April for an overpayment of £4799 which £700 has already been paid back. Its the CPS taking me to court apparently not DWP...What can i do to help myself in court.If i get a caution i will more than likely be dismissed from uni as the NMC do not want a registered nurse with fraud on their DBS .

 

I feel degraded and disgruntled at the whole situation and have never even received a speeding ticket. I am stressed so much i feel like I'm crumbling and I'm usually a strong person.

 

Any advice would be greatly appreciated.

Edited February 21, 2014 by caro

[45002]

As this is already been dealt with by the courts,your Solicitor is best placed to advise you .

[antone]

Yep, this is a case where a solicitor is the best person to help. Sorry - we do try to help as much as we can, but this is beyond our competence.

[defaulter3076]

If you are still claiming Carers Allowance or will do so again in the future do not rely on other people to inform them of any changes, do it yourself. For Carers Allowance you can also use the Government Gateway.

[estellyn]

I'm really sorry, but HMRC staff would not offer to call DWP (carer's allowance) for you - it's not within their remit to do this. Is it possible you misunderstood what was said to you during the call?

[id6052]

did you request/obtain a copy of the telephone record?

[*RainbowTears*]

I'm really sorry, but HMRC staff would not offer to call DWP (carer's allowance) for you - it's not within their remit to do this. Is it possible you misunderstood what was said to you during the call?

 

I agree with Estellyn as HMRC Tax Credits only inform Child Benefit (re change of address etc). Any other Benefits inc CA you have to ring them yourself to notify them of any changes to your circumstances.

[Ros1609]

Did you not notice that they were continuing to pay you CA?

[mrst34]

i don't look at my bank statements as i have an app that gives me a balance. If there is money in the bank then its there, i don't check statements they are filed the minute they arrive. Yes there is a possibility I've misunderstood the phone call and I've admitted to that. Things were a bit chaotic then...we had moved house 6 weeks before, then husband was reduced to a 4 day week, daughter was in the middle of a diagnosis for CFS, our now 5 year old had and still hasn't slept a full night in his own bed and my oldest has quite severe adhd and Aspergers. i find it hard to hear when on calls to call centres as theres so much noise so yes definitely i could of misunderstood. I am repaying the money already but my biggest concern is what will go onto my enhanced DBS if i receive a caution. University is my dream and competing my nursing degree is going to benefit myself and my family, i don't want to have to quit cause of this