accused of fraud

[mummyjane]

i have been accused of fraud, i have an interview on tuesday, i received an inheritance when my father died ayear ago and am on benefits, i didnt realise to declare it , i have no money left, to repay it i am devestated and obviously stupid please help, what can i expect for being an idiot

[brenda]

Why???

[mummyjane]

i will just put it to rest i know now how stupid i have been , but where did this 33 years of recieving benefit come from, its only been the last 5 years i have claimed, since i got too bad too work. and i have the worry and stress now to cope with which i deserve. i have lost both parents within 6 months of each other, no excuses i admit but it happened and i will face the consequences. hind sight is a good thing but not useful now, thankyou for some of the genuine advice at what i can expect.

[sara3]

Twenty20, it relates to a criminal offence and therefore belongs in "law".

[Barmaid]

Mummyjane -

What Sara has said is right (she knows, trust me). You will be interviewed under caution and then a decision made as to whether you will be prosecuted. IF you admit it in IUC, you may be offered something called an administrative penalty (which is a bit like a caution), but will avoid prosecution. You may have to pay the money back.

As for your "I didn't know" defence - that ain't going to work. Apart from the fact you will have been sent leaflets as Sara says, on every form you have signed for IS or HB and CTB there is a declaration which states that if there is any change in your financial or living circumstances, you must declare it. If you plead "not guilty", the prosecutor will produce everyone of those forms, ask if it is your signature and then read the declaration. THe Court will most likely convict.

On the sentencing guidelines, seeing as it is a year's worth of benefit, the claim was a valid one from the start (ie you didn't start out to commit fraud, it only became fraudulent after you failed to declare your �93,000), you have some personal mitigation I very much doubt that you will go to prison. It is normally cases where the benefit received is in excess of �20k that a custodial is imposed. Plus if you do your best to start paying the money back that will go in your favour - so sell the car and buy a cheaper one (it may release a thousand or so) and show that you are taking real steps to remedy the situation.