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beneifts fraud from 1999

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  • beneifts fraud from 1999

    good morning I'm posting for a friend
    1999 my friend committed Fraud [there a lot of personal reasons why violent partner being one] its an offence that she took all the blame for and eventually went to prison for 18 months she spent roughly 4 months inside then came out on a tag [ believe me she was a mess] the council asked the judge if they could recoup the money yes the judge said by using the civil courts any way moving forward that's something they never did however I suppose law changed she is being pursued for the debt which she has tried to pay off in bits the debt then was around 20k its now down to 9k she's not on best of jobs now [and for the record has never claimed any benefit since] dwp have now put an attachment of earnings on to her wages which is not helping can they just keep pursuing her? is there a point at which it can be written off? seems a bit unfair when thousands get away with paying nothing .
    here barrister at the time did say get back in touch if they start to peruse you because you went to prison that's something they shouldn't do. but its long time ago the solicitor is no longer in village and I would have no idea if records are kept that long however as stated things have changed I should say this lady is 60 years old any help would be great
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  • #2
    Going to Prison doesn't wipe the debt.
    So after she came out of prison the council asked her for repayment of the amount claimed fraudulently (20k ? ) and she has paid back 11k so far - the Council applied a direct earnings attachment which will stay in force until the debt is repaid.

    There are specific calculations as to how much they can take from her pay - max of 40%. You can view the calculations https://www.gov.uk/make-benefit-debt...alculating-dea ( that's the DWP guide but I believe it is the same rates for local authorities )

    If she is struggling then a visit to Citizens Advice might help her - check she is getting everything she is entitled to and that the deduction rate is correct, and potentially look at appealing if the deductions are causing extreme hardship.

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    • #3
      As the debt is a result of fraud, it will not be included in insolvency so cannot be written off even if she is insolvent.

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      • #4
        I'd just like to say something here.
        Benefits fraud is a hard one. This lady was clearly desperate at the time, and has tried to make amends over the years. Resulting in overly drawn out hardship. I'm sure this lady has been through it all. 20 years worrying about it has obviously taken it's toll. I'm sure there must be a way through the court to get a judge to be lenient and give a better outcome. She's not asking for much! People make mistakes. 20 years worry is worse than 15 years jail! People like this have nothing better to do than hate their own country!

        JFK may have said : "ask not what your country can do for you - ask what you can do for your country".
        But, this lady has obviously suffered enough.
        We know not off other people's hardships and what we do as a country to these people is truly unfortunate. I hope you find a way for her to have some relief before her death.

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        • #5
          thankyou all for your replies I think the main problem is getting someone to find out about the facts 20 years on the judge clearly said can only be pursued in civil court I think she's wondering because of the judges direction at the trial [ yes time goes by and laws change but suppose how long the changes were allowed to go back surly should state a time period] weather its legal right for them to keep perusing her? she's not asking for money back just some relief from the debit
          I will just also say this lady has had to jump through a lot of hoops to stay working because of the D.B.S checks its not easy some just wont give interview at all not fair really

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          • #6
            missed text

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            • #7
              Originally posted by smartsox View Post
              thankyou all for your replies I think the main problem is getting someone to find out about the facts 20 years on the judge clearly said can only be pursued in civil court I think she's wondering because of the judges direction at the trial [ yes time goes by and laws change but suppose how long the changes were allowed to go back surly should state a time period] weather its legal right for them to keep perusing her?
              The DWP have a lot of remedies available to recover the debt, one of them being to make a civil claim. However where a person is working on the PAYE system or still receiving benefits, deductions can be made without a court order so it is unnecessary for the DWP to pursue the civil claim route to recover the money. The judge may have been unaware of the options available to the DWP to recover the debt. It is also possible that the DWP does have a CCJ against her so is enforcing that.

              18 months for benefit fraud is a hefty sentence so she must have committed a serious crime regardless of mitigating factors. Unfortunately she is now paying the price for that as her conviction will show up on a DBS check and prevent her from applying for a lot of jobs.

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