O/T - Benefit fraud, any advice?

Vautier · Apr 7, 2011 8:59AM

Hi ladies, I'm hoping someone can give me some advice or put my mind at rest. And I apologise if it's a long ramble.

Basically, I received a letter from our local council today asking me to go for an interview under caution for fraud. We have been receiving housing benefit since last summer, and at the time I was on maternity leave. When I returned to work part time in September I forgot to tell the council. It was a genuine error on my part, I definately didn't do it on purpose.

I have had so much to deal with since last summer that I just didn't think about telling the council. My husband had been signed off work with mental health issues, then he found a new job but only got paid for half the work as the company went bust, he was effectively unemployed for 2 months with no income at all (he was told he couldn't apply for JSA) so we were just surviving on my part time wage. Then he found a great job with a big company in Feb this year, only to have an accident after just 5 weeks and ended up having a finger amputated! He is now signed off work again for another few weeks.

We certainly didn't spend the benefits on anything nice, we drive a tatty old car, don't have new clothes or 'nice' belongings. To be honest, nearly everything in our house was given to us by friends/family. We just used it to survive and try to keep a roof over our heads.

I'm not a criminal, and I keep trying to tell myself that it will all be ok. It's just procedure, and once they've investigated my name will be cleared. I've already agreed to pay back the overpayment (??900 pounds) once my husband is back at work.

Please can someone just tell me that everything will be fine?

iwantanotherpls · Mar 31, 2011 3:05PM

firstly huge hugs. you sound like you genuiely did forget and it sounds liek an honest mistake. the council obv have decided to speak to you (not involing anyone else)and sort out the overpayment (the word fraud may have been used to make you reaslise they mean business,but its hasnt come from the police so i dont think you will end up with a criminal record) i understand your worry-i too would feel worried as im that mind of person who hates to think i may have upset someone else/done something wrong.

when is your meeting?

can you take with you an income and expenidture form (showing income and outgoings) to show them what you can afford to pay them at present

hope you sort this out soon xx

Bambina_Mia · Mar 31, 2011 4:46PM

I dont have any advice but just want to to reply....

you have had such a tough time recently I am sure once all this has been discussed and that you are fully prepared to pay back the over payment it will all be fine.

Wishing you lots of luck and thinking of you xx

Bambina_Mia · Apr 1, 2011 3:09PM

Great advice laranchloe

Hope the meeting goes well vautier xx

mithical · Apr 2, 2011 3:35PM

Hugs, you really don't have any luck do you hun?! I didn't know about you're hubbies accident, I hope he's ok.

I'm sure when they chat with you, they will see it's a genuine mistake.

Hope the meeting goes well, and let us know how you get on. xx

Reenyree · Apr 5, 2011 8:45AM

Hi Vautier.

Sorry to hear you've been having such a hard time.

To add to (and disagree slightly) with some of what's been said above: these people are interviewing you as part of a criminal investigation and once they have gathered all the evidence they will decide whether to prosecute. They don't need to involve the police because they bring prosecutions directly in the Magistrates Court. So this could end up in court I'm afraid.

When deciding whether to prosecute they will take into account mitigating factors such as the reasons you provide for this situation arising, and how much and how soon you've paid the money back. Do be careful if you agree to go to an interview - just bear in mind that anything you say could be used in evidence in court. It's not just a "meeting" it's part of their investigatory procedure, hence their use of the same caution used by the police (you do not have to say anything but anything you do say...etc). I think getting advice from the CAB is a good call.

Don't be scared though - if you made a genuine mistake and you explain this to them and co-operate with making a plan to pay the money back as soon as possible, they may choose to be lenient with you.

Good luck - I really hope it all works out. And sorry if this upsets you - I don't mean to be harsh but you need to be prepared for what might happen.

Rx

Vautier · Apr 5, 2011 2:43PM

Thank you for all your advice ladies, I knew I could rely on you to be honest with me. I've got my interview next week, and I'm gathering up everything to support my case (letters, sick notes etc). I'm not letting myself worry too much until it happens. All I can do is go in armed with the facts and see what they say.

My husband went back to work today after being given the go ahead from the hospital yesterday so that's a huge relief. Hopefully this is the start of things getting better for us.

Reenyree · Apr 7, 2011 8:59AM

Fantastic news about your husband that must feel like a weight off all your shoulders. Good luck and let us know how you go on, I'll be thining about you.

Rx

O/T - Benefit fraud, any advice?

Replies