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Magistrates court appearance help - overpayment of HB/CTAX benefits


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Good afternoon,

 

I am due to attend magistrates court because of an overpayment in housing benefit and council tax benefit.

 

Three years ago I was made redundant, being told this on my first day back at work after Christmas.

 

My wife did not work and we had just had our 3rd child.

I was stressed out an awful lot, but found another job quite quickly, so there was no real break in employment.

I forgot to inform the council of the change. There was so much going on at the time.

 

As soon as I received the letter informing me of the overpayment (about £6500)

I contacted the council and put in place a repayment plan.

 

The council accepted my proposal, which I started paying immediately and I heard nothing else of it for a few months.

Then I received a letter saying I was being investigated and needed to attend an IUC.

I went to the IUC and explained what had happened. Again a few months passed and

 

last week I received the summons to court.

I do not know what to do now.

Will a duty solicitor be able to help me on the day, as I think I will struggle to afford a solicitor.

 

Any advice will be much appreciated.

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What offence does the summons state ?

 

You would be better to see what legal help you can get locally. Don't leave it until the date of the hearing hoping there is a duty Solicitor. Depending on the details, a Solicitor that deals with benefit claim issues, might help you avoid a conviction.

We could do with some help from you.

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I agree with Unclebulgaria - if at all possible, try to find help from an experienced solicitor as soon as you can. At the very least, don't rule out the possibility of hiring a local lawyer until you've talked to one and found out what the fees will be. Is there any possibility that you would be entitled to Legal Aid?

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I would agree with the above - if you go for a duty solicitor they won't have time to fully read the papers & give you the best possible defence.

Please do not ask me for advice via PM as I will not reply.

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the summons states the following: Alleged Offence(s):

 

That you committed the offence(s) of which particulars are given in the attached Schedule of Alleged Offence(s) contrary to Section 112(1A)(a) of the Social Security Adminstration Act 1992 and contrary to Regulation 8 of the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013

 

The schedule goes on to state:

 

1. That between XXXX date and XXXX Date for the purpose of obtaining payments of housing benefit to which you were not entitled, you without reasonable excuse, failed to report a change of circumstances to the council, the circumstance being that your earnings had increased upon commencement of employment with a new employer, a change you were aware would affect your entitlement to benefit. Contrary to Section 112(1A)(a) of the Social Security Adminstration Act 1992

 

2. That between XXXX date and XXXX Date you failed without reasonable excuse to report a change of circumstances to the council, the circumstances being that your earnings had increased upon commencement of employment with a new employer, a change you were aware would affect your entitlement to a reduction of Council Tax. Contrary to Regulation 8 of the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013

Edited by honeybee13
Paras.
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For how long roughly did you continue to receive housing and council tax benefit to which you were no longer entitled to or would be reduced ?

 

I think this could be key to whether you can defend or not.

 

You really need to contact a Solicitor or legal advisor who deals with benefit issues. Around the country there are Citizen Advice and legal advice centres, which have connections to people who deal with these issues on a regular basis. You might strike lucky and get some free help, depending on your circumstances. You don't want to leave it until the court hearing date as explained.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Were you interviewed by the council or the DWP?

 

And very important. What date does it say the information was laid? Should be on the summons

Please do not ask me for advice via PM as I will not reply.

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The investigation of housing benefit fraud is done by DWP now. It's unusual for the council to prosecute for HB now.

 

I would suggest you try & find a solicitor with benefit experience.

Having said all that, they are the less serious 112 offences and if you have never been in trouble before and the amount is only 6k then I doubt the courts will be that harsh. If you are worried look up the sentencing guidelines for benefit fraud and it will tell you roughly what you are looking at

Please do not ask me for advice via PM as I will not reply.

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