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Can he keep the money? Tough one!

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Solum | 12:10 Tue 01st Apr 2008 | Law
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A "friend" I know quit a job he was unhappy with few months ago. He's since found it difficult to find work in the field he trained in so is claiming benefits whilst looking for more work.

Out of the blue he got a pay cheque from his last job which he assumed was holiday/back dated pay for his time spent working in advance.

However, he's now been given another full amount of pay. The company is quite big and he's wondering what he should do? Is he legally allowed to keep the money or would he have to pay back everything? Or can he just let it continue and not get into trouble when they find out?

Also, any idea what impact this would have on his benefit claims(he gets rent paid but no money as his partner works part time)? Is this fraud?

Thanks for reading, and if anyone can answer then you are a genius!
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Simple answer, no he can't keep the money. Use any excuse you want if they realise, but the bottom line is it is not his money and they have the right to claim - and get it - back.

As for benefits, best sort it out now so benefits aren;t affected.
Unfortunately he doesn't have much choice

He might just about get away with the first cheque as possible back pay/arrears but not the second payment.

The amount will have to be paid back eventually , so the sooner he lets them know the better. If he tells them he's already spent it, so can't afford to pay it back immediately, they may give him time to pay it back.

BUT, if he claims to have spent it, then the DSS may find out and not pay his rent.

So despite the temptation, his best bet is to put the money into a separate account and let his former company know as soon as possible.

You never know - they might be so embarrassed they'll let him keep it!!

Good luck
Question Author
Thanks for the replies! Much appreciated. You are geniuses.
This happened to a friend of mine

He will have to pay it back when and if they find out - which anyone with a half efficient works dept will.

I dont think he is under a duty to tell them they cant add

The friend was rung up by a weepy clerk who said they would fire her if he didnt pay the money back,
and he kinda said, so what you fired me
[butthen paid the money back]

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Can he keep the money? Tough one!

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