Hb fraud- who is responsible

[sillypepper]

Hi all,

Interesting question, have been asked to attend an interview under caution. Regarding not reporting a change in circumstances, Basically I forgot to tell them that my partners wages had gone up, this meant we were no longer entitled to hb, now I am very ill with my mental health, have been for years and therefore very forgetful and unmotivated, as such I haven't told them, now my wife works as a carer all day then comes home to look after me, so she hasn't really had the time either, I'm the lead claimant, so if this was to go to court, would it be me that is prosecuted as it's totally my fault, we live in Stafford if that helps,

Thanks

Andrew

[obiter dictum]

All depends on how long was the gap between your other half wages going up and them finding out with how much the local authority are out of pocket

 

Do you have that info?

 

It is rare prosecutions for honest mistakes, they simply make you pay it back in instalments

[sillypepper]

All depends on how long was the gap between your other half wages going up and them finding out with how much the local authority are out of pocket

 

Do you have that info?

 

It is rare prosecutions for honest mistakes, they simply make you pay it back in instalments

 

Hi,

Basically they are around 1700 out of pocket, and it's been about 3-4 months,I just wanted to know about who they would deem responsible as I don't want my wife to loose her job,

Thanks Andrew

[obiter dictum]

It will be against the person wh made the claim for housing benefit, that is where the liability lies. It will be that person to inform the local authority on any change in circumstance

 

As i said, i very much doubt any prosecution for such a small amount

 

Be prepaired to pay back a realistic amount you can afford.

 

I had an overpayment myself, just be totally honest with them. I paid it back at £5.00 a week by standing order

 

They only prosecute the big fraudsters, multiple claims and identities

[sillypepper]

Ah thanks, just puts my mind at rest, Thanks for your help

[id6052]

Usually, it is the claimant who is taken court (if that goes that far).

 

I am only aware of one or two instances where a partner was prosecuted.

[ericsbrother]

a partner will be as liable as the claimant as you both signed the form and agreed to inform them of any changes. However, they cant prosecute you both if YOU accept responsibility. As already said, the most likely course of action is being forced to repay the overclaim

[Mr.P]

[...] it's been about 3-4 months

 

If the increase in earnings only goes back to May/June of this year, I am very surprised that they dragged you in for an IUC. I had recently submitted wage slips going back almost a year for CTX and the council came back claiming an overpayment (which is undergoing an appeal).

 

Whilst the regulations state that a change in circumstances should be notified "in good time", this is usually taken to mean within three to four weeks. However, the rules do allow for a little bit of flexibility and the council can allow a bit of leeway to the interpretation of "in good time".

[bio]

LA/DWP normally only prosecute for overpayments in excess of £2000.

[theronstar]

I don't know if this helps but I had an interview under caution whilst I was on Jobseekers Allowance. I was quite worried as I did not know what I could have done wrong.

 

It turns out that my employer had me on the books even though I was not there anymore. I told them that I was no longer being employed and they said that they would check this out. They never got back to me again so I guess that they were able to satisfy their concerns without me.

 

The 'system' sometimes flags people for all kinds of reasons and as a result they will write to you to come in for an interview. If you can give them a good reason they should be understanding. Try and take a letter from your doctor or community health team that would back you up re:forgetfulness.

 

All the best and try not to worry, x.

I do agree that they only throw the book at the people who are abusing the system.

[Shoelover]

Is the interview at the council or the DWP?

 

It's usually the clm't they look to interview first, but in some circumstances they might speak with the partner.

[theronstar]

Is the interview at the council or the DWP?

 

HB is administered by the council. I was giving my reflection about a DWP incident in order to help the OP figure out what to expect. Though if there happens to be someone from their own local area who has had such an interview recently then that person would give them the the most accurate advice.

[Shoelover]

HB is administered by the council. I was giving my reflection about a DWP incident in order to help the OP figure out what to expect. Though if there happens to be someone from their own local area who has had such an interview recently then that person would give them the the most accurate advice.

The single fraud investigation service is being rolled out nationally.,whilst HB is administered by councils , in many areas (including where I work) it's investigated by DWP. Council investigators have, in the main, transferred to work for DWP