Advice needed on housing benefit interview please

[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?

[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

[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

[mikeymack2002]

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

[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

[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
  

[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.

[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

[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....

[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.

[mikeymack2002]

You are welcome, just to remind you of this as well, if I mean if the LA do want to take this to Court you MUST seek legal advice IMMEDIATELY the moment you know.

[mikeymack2002]

If you have a Court date you MUST NOT fail to attend without good cause or notice to the Court, this regardless if you are on honeymoon, you are obliged to attend, failure to do so could see a bench warrant issued for your arrest for non attendance.

 

 

Again this is advice a Solicitor would tell you this anyway.

[mikeymack2002]

If you are away when it arrives then that is different, you will have ticket receipts and things to prove you were out of the country.

[mikeymack2002]

twinmummy

 

 

I am known on the forums for being brutal and honest with my replies and sometimes, I upset the poster of the thread, it depends if you want the brutal truth or just a fancy acceptable answer it would help if you could answer that..

[mikeymack2002]

Yes it is, there is no point in conjecture at this time, putting all this worry on yourself will do you no favours will it? NO!! So take a deep breath and walk away from this for a day or two, just so you can relax a little.

[mikeymack2002]

Just to add my two pennies worth dare I say it would help matters a tad If you didn't keep posting parts of your comments in bold/upper case, which comes across (to me at least) as shouting and so a wee bit aggressive sometimes. Just taking it a little gentler would help things.

 

People want sensible advise, and not being scared to death at this early stage imo.

 

 

Not shouting in the least. It is making the point that posters time and again forget that they don't always see what is clearly being said, it is used to draw attention to a point of fact or to show clearly what is being said.

 

 

Often repeating over several posts and still not being understood. But when in bold your eyes are drawn to these "words" and then it is understood. These are keywords for the poster, it is used often in many documents for this reason. Also it allows them to see the "word" clearer. Also CAG has key words that automatically link to the library or other things like quotes, so it is not necessarily me but the system as in the post above if you hover over it or click it you will see its actually a link with further information relevant to that word. Just pointing out the obvious if you hadn't noticed by the way?

 

 

I have all the time in the world so to speak for posters on any forum. But sometimes as stated it takes a bit more for the point to be taken. BTW no offence taken.

[mikeymack2002]

Type in the word library see what happens, for me its all normal until I hit post then hit f5 see it change ok