help with paying back money for benefit fraud

[diane118]

hi i was wondering if some one can help me my brother got done for benefit fraud he has to pay �5500 back plus a fine of �350 he is on benefits of �50 a week carers allowance as far as they know but i know different as he has all my mums money which is around �200 a week or more he lives with her so he has no rent to pay. He wants to pay back to the benefit office the minium he can per month and thinks he will be able to as he only gets �50 carers allowance a week, he also has �21000 (which he saved out of mums money ) in savings which was why he got done for benefit fraud in the first place because he did not disclose hi savings, does any one know what he will have to pay back per month or any idea what he will required to pay back. thanks Diane

[Ethel]

They know he has savings - they could put all sorts of restrictions on that account and freeze it until it is paid -a garnishee order for example would force the bank to pay the monies out of his savings account

[Ethel]

You have been badly misled somewhere - I have just remembered carers' allowance is not affected by savings so he could not have been prosecuted for that reason.

[diane118]

hi it was carer premium he was getting that he was done for . Diane

[DotH]

maybe he should just pay it all back and then he will not end up paying more in costs and fines. did he maybe not declare it cos he didnlt know it was disregarded savings?

[themas]

As Ethel says, they know he has the savings and are fully entitled to expect him to repay them in full from them. If he has any sense, that is what he will do. They will not accept a small monthly payment offer in these circumstances & will take him back to Court if necessary to get the power to get at the savings.

[BRAVO1]

Was he claiming carers allowance and working ?

Was your Mum claiming benefits and working ?.

Can your Mum legally claim ?.

Did your Mum give evidence at court ?.

Did your brother tell his solictor the truth ?.

I am at a loss ? - I doub't he got done for fraud for having savings gained from his benefit or your Mums benefit..

Paying back the fine is means tested, that means after all his expenses are taken out of his �50 then the court will decide the amount to impose.

Start by giving them �2100 of the savings and then paying off the remaining amount of �3750 over say 14.5 yrs at �5.00 a week or in real terms �260 a year.

Better still, don't pay the fine, your only get about 3 months in Prison, with good conduct thats about 4 weeks worth.

[themas]

This is not a fine - it is repayment of the overpaid benefit, and has to be paid irrespective of whatever sentence the Court passed.

[BRAVO1]

read the question ?

it says "fine"

[themas]

Bravo

Yes - read the question. It says "pay �5500 back PLUS a fine of �350." - so the vast majority is not a fine.

[BRAVO1]

Do you work for the DSS ?.

[themas]

A complete non sequitur. However, you don't have to work for DSS (incidentally, it is now DWP & has been for some years) to know something about benefits and debts (& also, of course, to be able to read questions accurately!).

[BRAVO1]

Yes and answer them correctly...