Advice needed on housing benefit interview please

[twinmummy]

thanks for the link can you advise me on my housing benefit interview i had

[mikeymack2002]

I will drop by on your thread now for you see my links within the link I will post for you

[mikeymack2002]

Ok sorry to hear of this mess, when you had your IUC did you get any paperwork handed to you? There are things that need to be done in a specific order see here http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/interview-under-caution-useful-contacts-html,665,FP.html

 

 

Have a read in "in this section" and see if there were any irregularities! Your first mistake was not informing them as soon as possible, your second was sending information by "standard" post they always lose this in some shape or form, the right way to do this is to take the information to the Council and go to reception and have it scanned in to their systems and a receipt issued to you.

 

 

If you had followed this then you could show you did in fact supply the required information when requested. I know better late than never.

 

 

£3k seems a lot of overpayment have you got the dates for which this applies to you/your partner? All overpayments that are the fault of the claimant can be recovered, different rules apply for the agencies fault for this.

 

 

As far as the arrangement you now have with your LA for recovery does this include any civil penalty for the error?

Has the LA agreed with you in writing that you should not appeal this case?

[honeybee13]

Twinmummy, I've started a new thread for you. Please ask your questions on this thread rather than other people's and you'll get advice specific to your own problems.

 

HB

[twinmummy]

sorry is this my thread im new to this and find it a bit confusing if its not please delete all this!

 

basically i have been renting off my dad and when i filled out for HB i lied.. stupid and i deeply regret this now i was so sure my new business wold take off and i would be paying my own way but 4 years later it never did, they had me down for 17k underpayment for my dads rent but i did alot of maintence in the house as my dad lives abroad needless to say i took advantage of the fact i was renting from family

also i was done for benefit fraud 8 years ago ( a complete lie but they won my appeal and i paid it all back)

also after my IUC i realised i hadnt told anyone i was getting maintence but i have told then now

basically am i looking at jail ? i have sent a letter to the council expressing my genuine regret and made it clear i was to pay back every single penny asap

my dad is furious with me, the council think the tennancy is fake and its not and if my family didnt live abraod i would have been kicked out before now

my fiance has since moved in and taken all finacial responsibilities

i am sick with worry

[id6052]

a few questions to improve understanding of your situation

 

when was your IUC?

did you take a solicitor with you?

 

when did you receive the letter stating that the Council had decided you were not entitled to HB and had been overpaid?

 

what reason did the Council give for you not being entitled to HB?

 

have you appealed against the decision?

if so, what stage is the appeal at?

 

has the Council told you that they intend to prosecute?

 

when you were previously done for benefit fraud, was it HB or a different benefit?

were you prosecuted, cautioned or offered a penalty on the previous occasion?

[mikeymack2002]

First of all since you knew what you were doing please see this link and read up on what could happen to you then pop back for further advice see here

 

 

http://www.scoop.it/t/lacef-news by reading some of the stories on benefit fraud this will give you an idea of what to expect further advice will be posted shortly with some more links for you to read up on ok

[twinmummy]

hi

ICU was the other day i went with a friend

letter just said they think a offence has occured and to attend a cautioned interview

at the interview the main aspect was i lied on my HB form that i wasnt related to the landlord and that from my bank to dads showed 17k less than they paid me in HB

in a flood of tears i admitted that i was related and knowing lied

all i no is that theres a back log of cases and i could be waiting sometime to find out what happens next

i have visions of my wedding day in a few months being called off

i believe the last ICU was income support not HB

[mikeymack2002]

The information you provided will most certainly be shared with all benefit agencies so please don't bury your head in the sand any further. I am currently writing a fuller reply to you

[twinmummy]

im far from burying my head in the sand im just scared and my old laptop wont open any links am i looking at jail ? how long? does the fact im genuinly sorry and want to pay back everything mean anything ?

[mikeymack2002]

Most importantly have you informed all benefit agencies your partner has moved in yet?

[twinmummy]

oh yes he moved in on sunday and its all been declaired

[mikeymack2002]

That's good news.

 

 

You can type in benefit fraud in to your search engine and the read up on what you can expect, can you state how long this has been going on and has the Council given their findings yet?

 

 

If you cannot open links type this into your search engine Loss of benefit as a penalty for benefit fraud

The link you want to read up on is the one from the .gov site dated the 29/01/2015

[twinmummy]

i really appreciate being able to talk to someone

all i know is theres a backlog of cases and i could wait sometime

i have done several googles and its all so contradicting theres alot of suspended sentances and alot of just repayments yet nothings like my case some people have had a jail sentance for 12k and some just have to pay back and that 70k

i understand each council is diffrent i cant eat or function properly im such a fool

[mikeymack2002]

Realising you have done wrong is the first step, stopping benefit fraud is the 2nd, the wait for the decision whether or not to prosecute you is the 3rd. This is as you know agonisingly long. You may or may not get taken to Court, things running against you are the fact there has been a previous case against you.

 

 

Type this in to your search bar loss of benefit as a penalty for benefit fraud the one you want is 27/03/2013 read sections one and two.

 

 

A word of warning to you and your poor choices regarding benefits, it is this

Since the rules changed after the 01/04/2015 the penalties are much more severe ok?

 

 

From 2002 to 2010 the rules were different see here

 

 

3. Background

For benefit fraud wholly committed on or after 1 April 2002, the rules allowed for the removal or reduction of benefit for 13 weeks if a claimant, their partner or a family member had been convicted of a second benefit fraud offence.

 

From 1 April 2010, these rules were strengthened to enable a reduction or removal of benefit for 4 weeks in certain cases of fraud by a claimant, their partner or a family member. The new rules applied if:

 

• they had been convicted, or had accepted a caution or an administrative penalty, for a first (or non-linking) benefit fraud offence, and
  
• the fraud was committed wholly on or after 1 April 2010
  

[twinmummy]

Can you offer any idea on what I'm likely to get under the New rules?

[mikeymack2002]

It will be difficult to say due to all of the new rules and each case is different. It may be you only receive a penalty and repay the debt instead of going to Court, the decision is for the LA to make. Overpayment is recoverable because it was from the start, if you had notified the LA that the LL was a relative they may not have awarded benefits, but if you had they still may have awarded them to you.

 

 

For future reference it pays to ask about the rules in advance so you will not fall into this type of trap, as you have done with your fiancé.

[twinmummy]

My fiance and dad didn't realise and he only moved in at weekend

I genuinely thought my business would make me self sufficient I thank you for your help desperate to make it right

[mikeymack2002]

All you can do now is wait for the LA to let you know what their intentions are going to be. Until then you really should try to stop worrying its too late to change this, but now you know the rules PLEASE be very careful in the future with your benefits and what you declare to them.

 

 

A side note the truth will set you free ( an attempt to make you understand and be truthful in the future ok?)

 

 

A second warning for you as well, in the future please remember your partner could also get into trouble as well if they know/knew about the fraud ok. BTW was there any other benefit you have claimed subject to any investigation yet?

 

 

I have dug out a quote from the .gov site for you its as follows

 

 

Housing benefit

 

Part 75 Overpayments of housing benefit

 

(1) Except where regulations otherwise provide, any amount of housing benefit paid in excess of entitlement may be recovered in such manner as may be prescribed either by the Secretary of State or by the authority which paid the benefit.

 

(2) Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.

 

(3) An amount recoverable under this section is in all cases recoverable from the person to whom it was paid; but, in such circumstances as may be prescribed, it may also be recovered from such other person as may be prescribed.

 

(4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

 

 

 

 

Partial quote above is from here http://www.legislation.gov.uk/ukpga/1992/5/part/III/enacted

[Barny boy]

Sorry I no this is not a reply to this thread but I could really do with some advice. I have been called for a interview under caution on Friday I am literally getting over a mental breakdown I started a job and did not tell hb because of on going mental problems I can only concentrate on one thing at a time. I am also emphysema sufferer I do get pip. Please help I am at my wits end.

[twinmummy]

thanks for the advise i have stopped all my benefit as my fiance is working we have had to claim wtc but theres a new claim started for the 10th of may (when he moved in )

as soon as i have his wage details

i never want to claim anything where i can forget or miss anything its going to be hard but me and my fiance are going to pay back everything im not entitled to and not claim any HB or CTB

i have been told that i should hear before my wedding im just deverstated if i get sentanced and cant get married

you advise is/has been appreciated

[mikeymack2002]

Barny boy Welcome to CAG can you please start your own thread here http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=160

and give some more details please.

[mikeymack2002]

twinmummy We know this will be hard for you, especially so close to your wedding and all that. you really should try to stop getting so upset, you cannot do anything now its out of your hands ok!

 

 

Secondly if you wish or are entitled to claim any form of top up please use the correct procedure and use the benefit advisor, complete the details required and then see what it throws up for you, then if it recommends claiming, then apply for that in the right manner.

 

 

A change of circumstances should always be notified to the agency dealing with that benefit, as soon as it could change the amount of money you are entitled to claim, this way you will be doing things the right way. Even if you are not sure declare it anyway....

[twinmummy]

I agree and everything's felt with now I just want to know if I'm going to prison as need to sort my babies out I'm so grateful to be able to discuss this and one thing for sure I will always seek advise like you said

[mikeymack2002]

twinmummy You have to remember if you were to see a Court case against you this will be some time in the future, and a sentence could include a custodial sentence, But this could be a suspended sentence with a monetary penalty as well, or a community based sentence, it really does depend on the outcome for what your LA will decide to do.

 

 

This is something that is truthful and accurate, I would not be giving the best advice if I did not tell you this as well.