benefit fraud

[Neenee]

a friend of mine is worried that she has been reported for benefit fraud claiming for a single parent of 15 years whilst living with a partner.

what is the worst case scenario she can be dealt with if found out and socail catch up with her?

[Schutzengel]

If you meant claiming for 15 years, it could mean a prison sentence, and or community service (depending on how young her children are). Also she would have to pay back the money she had falsely claimed.

[bednobs]

prison sentance and fine, plus paying back the amount

[bednobs]

plus seizure of assets

[Neenee]

if someone has shopped her in, do you think the social take every call seriously? and prison?.... is it really that harsh a crime?

[bednobs]

Are you serious? this person has been stealing off me for 15 years! and you, if you pay tax. of course it's serious. I bloody hope they take it seriously. As someone said here the other day - if someone came in your house and stole thousands of pounds off of your side board, you would want them punished, and there is no difference here.
Many people get put in prison for fraud, i guess its more likely the bigger the amount, and 15 year worth seems quite big. also meant to add, that if you get convicted it can prevent you having access to benefits in future (even if you pay it all back)

[bednobs]

oh dear, i can feel my blood pressure rising a bit here. I must go and lie down in a darkened room. you arent really serious are you?

[aniani]

Well said Bednobs

[Neenee]

just to put the record straight here.... it is not me as the person in question!!!!!!!!!!!

just seeking advice for a friend!!

thanks :-)

[bednobs]

sorry, when i said "you" i meant it in the "one" sense not you personally

[chelsea78]

They give a choice of prison for a few months depending on how long the person been claiming and they wipe all debt or you have to pay every thing back and in mean time all benefits are stopped

[bednobs]

i'm not sure thats correct - on the governments website it says "in ALL cases you will have to pay the money back" i think if you go to prison, you can't also get a fine, but you still have to pay the defrauded amount back

[chelsea78]

You would think that would be the case but unfortunately not coz i no someone that is going through it all now and that was one of the options that was put to her

[Meg]

I'm self employed and pay quite a large sum to the Inland Revenue. Presumably some of this money helps to fund benefits. If i don't pay my tax bill I could be jailed. If I had defrauded the IR for 15 years I would be in very hot water. I suspect the same will apply to your "friend".

[Neenee]

so, would the person claiming the benefit be the only one prosecuted, or would the person she was living with (who was not aware of the claim) be also prosecuted?

[chelsea78]

only the person who is claiming will get done for fraud

[oldmaggie]

If she has been making a false claim for 15 years then the amount fraudulently claimed will be quite substantial I would think that she will be put before a judge in crown court who may order a few years custody plus paying back money owed. There maybe a separate court whereby her assets are confiscated

[wendilla]

I feel so sorry for your friend worrying that she might be reported I hope she has sleepless nights as she is not bothered about me that worked all the hours to keep a roof over my head and feed my children she didn't worry that she was stealing from me and a lot of other people that pay there taxes ect. I hope she gets all she deserves .

[wendilla]

also I would like to add I bet she was claming free housing and got all the mod cons .. rant over

[sara3]

perhaps she should stop claiming now? just a thought.

yes, if she's caught she will be interviewed under caution, and her partner could be too as he may be guilty of "knowingly allowing" her claim. if her overpayment is over a certain amount (and it's quite a low figure) she will probably be prosecuted. if she's claimed Housing Benefit or Council Tax Benefit it will all get added on to her overpayment.

and yes, it will most likely end up in Crown Court as a magistrate's sentencing powers would not be sufficient for such a large overpayment (which she will have to pay back). prison will be an option.

[sara3]

chelsea78.. I deal with such cases and I've never heard of such a choice in court. also, partners can also be prosecuted.

all overpayments have to be repaid, and if you get a confiscation order on top of that... it's huge money.