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Legal matters

can anyone advise about charge of benefit fraud please.

12 replies

yogididabooboo · 18/02/2011 17:59

hi,

I am supporting a lady who has been investigated for benefit fraud. She claims (and i believe her) to be innocent although accepts she has been naive.

She is a single mother of 3. She lived with the father up until just after child 2 was born. They split up following his affair.

He spent some time sleeping on friends floors and now she suspects he has been living with travellers.

they remain somewhat amicable and he will see the children irregularly but reasonably often. As happens, a night of seeing the children and then being rather more charming than normal and Child 3 was conceived. She put him on the birth certificate as she did with her sons. she gave her adress for him.

She has been investigated for benefit fraud because she has calimed as a single person since their relationship broke down.
But because he has no fixed abode he has continued using her adress for things like car insurance. She has admitted that as she has a very poor credit rating she has used his name for things like catlogues of internet accounts.

They are now taking her to court for benefit fraud as they are refusing to accept that he does not live with her as her partner. They believe that she has been claiming fraudulantly as a single person.

She has had her benefit claim stopped and told that until she has been through the court process she is unable to claim again.
She is still recieving her child tax credits but as you can imagine this is a struggle.

She cannot get legal aid due to it being a benefit fraud case.

IS there anyone willing or able to offer some advice for her please? She is aware of my posting and given permission for me to do so.

TIA

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NancyDrewHadaClue · 18/02/2011 18:10

Firstly there is no bar to her getting legal aid due to this being a "benefit fraud case".

Have they actually charged her?

The rules are loosely that if you are on a low income and it is in the interests of justice you will receive representation via legal aid.

I am assuming from the contents of your post that she is on a low (no?) income and there is a good argument for saying that it is in the interests of justice - does she have previous convictions? How much is she accused of defrauding?

If she has already been charged she should see a soliciotr ASAP and they can make an application for legal aid.

Onthe facts as you have set them out she is going to be in a certain amount of difficulty but a solicitor who has seen all the paperwork will be able to better assist.

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yogididabooboo · 18/02/2011 18:17

They called her in for an interview and have explained that they can find no details of her partner anywhere but her adress.

As i say, she does accept that she has been ridiculously naive and maybe a tad understatement daft.

They have now written to her to say that she will be taken to court for the fraudulant claim of Income support and that they are seeking the repayment of £16k.

She is also worried that if teh income support claim is considered false then it will negate her housing benefit and council tax benefits as well, thus aking the repayable amount something like £60k. Shock

She has no income other than the benefits.

When she spoke to the CAB they told her that she couldn't get legal aid due to it being a government agency taking her to court.
That is very good news that she can indeed get some legal advice. Though i agree it doesn't look good.

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yogididabooboo · 18/02/2011 18:18

sorry forgot to say, They have written to her but I don't know if she has been formally charged as yet. Would that not need her to be arrested?

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yogididabooboo · 18/02/2011 18:48

bump

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NancyDrewHadaClue · 18/02/2011 18:55

Have PM'd you

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yogididabooboo · 18/02/2011 19:02

thats a great help, thank you nancy

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spring79 · 06/04/2011 22:19

So does this mean that legal aid is available for benefit fraud cases? I know someoned who has recently receive a summons. Money had already been repaid.

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barbiew82 · 15/05/2011 22:37

Hi there I am currently in this exact position n had no idea I couldn't get legal aid what will I do.. Also will I go to jail if a judge finds me guilty I have no previous please help

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barbiew82 · 15/05/2011 22:38

Hi there I am currently in this exact position n had no idea I couldn't get legal aid what will I do.. Also will I go to jail if a judge finds me guilty I have no previous please help

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Lizzy12345 · 02/10/2014 01:01

Hi all' hope someone can help. Benefits were not paid into my account today, I phoned ESA and the lady told me there was an open case on myself( benefit fraud) but said it has now been cleared, a payment has been issued, please can some one tell me what this means. Thankyou in advance

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coolaschmoola · 02/10/2014 01:14

By using his name to obtain credit from catalogues she has committed more fraud, and she can't say this was a mistake - it was a deliberate act of deception to fraudulently obtain credit... Is she daft as you say, or did she just get caught?

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coolaschmoola · 02/10/2014 01:17

Lizzy - your payment was stopped whilst they investigated a potential fraudulent claim. They've now finished the investigation and concluded that you aren't claiming fraudulently. Because of this they have sent (issued) a payment to you, directly to your bank, of your ESA. This could take a few days to come. Keep checking your bank.

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