Housing Benefit Fraud

[SideShowBob]

I received a letter from the local council stating we had been overpaid Housing Benefit due to our failure to inform them of a change of circumstances.

This wasn't intentional, just an oversight.

Anyway we repaid the over payment which was around £4,700

December 2017 I get a letter requesting me to attend an interview under caution.

After panicking I calmed down and did some Googling and having read as much as I could on the subject I decided not to attend.

I received another letter in February asking me to attend which I didn't do.

I received another letter in March asking me to attend on 10 April, which again I did not do.

Not sure if this was the best idea or not but it's kind of too late now and I have to accept the consequences.

Now from what I have read the DWP have to make a decision whether to prosecute, either way they should inform me of this decision shouldn't they?

Even if they refer the case to the CPS they can decide whether to take me to court or offer an administrative penalty. Is that right?

Any help would be appreciated.

[Amethyst]

No not the best idea. Have you spoken to them since not attending that 10th April meeting ? Might be worth speaking to them now. The initial overpayment was due to an oversight, you've repaid the overpayment ( when did all that happen btw?) and was the interview under caution FOR the housing benefit ''fraud'' or did you just assume it was?

What's made you ask about it now - another letter?

[SideShowBob]

The original over payment happened between June and September 2017

This is because I failed to tell them about a change of circumstances.

Repaid the over payment in November 2017

I have had no contact with the DWP since the last letter.

It definitely stated that the interview was to discuss the circumstances surrounding the over payment.

A lot of the advice, even from solicitors is do not attend an interview, which is why I chose not to.

The reason I am asking now is I haven't heard anything. I though they had to tell you what their decision was going to be and if they were going to pursue a prosecution.

[jaguarsuk]

You might want to check with them that they actually received the payment back as it might be sitting in their bank account and them unaware it's there. It could be why they are pursuing you.

Fraud is the wrongful or criminal deception intended to result in financial or personal gain. The key word there is "intended" as if there is no intent there is no fraud.

You forgot to inform them of a change of circumstance, as such you didn't purposely do this to financially gain and therefore there was no intent.

As soon as you were asked you paid the money back because you realised your mistake and wanted to correct it. The first sentence of this website pretty much sums it up "on purpose."

You'd have been better advised to have gone to the interview with a solicitor making a personal statement at the beginning about it being an honest mistake forgetting to update their records, the change of circumstance meant it was a busy time in your life and as soon as you were made aware you repaid them because it was a genuine mistake. At no time did you intend to deceive them for financial or personal gain and then no comment to all their questions.

If you were to contact them you could still attend an interview, however meet with a criminal solicitor first and agree with them a statement for them to read at the interview.

Also, the CPS do not have to be involved for their to be a prosecution as any individual or entity can bring about a private prosecution.

[jaguarsuk]

Now from what I have read the DWP have to make a decision whether to prosecute, either way they should inform me of this decision shouldn't they?

How are the DWP involved? Housing Benefit is administered and paid by your local council.

Whom has been sending you letters, DWP or Council?

[Wylderose]

The DWP have every right to prosecute because although Housing Benefit is administered and paid by the local council it is done so "on behalf of the Department for Works and Pensions" from funding allocated directly from the Government.

Every person who claims housing benefit does so using a claim form on the back of which is a legal declaration that states:

"I declare that the information that I have given on this form is correct and complete and that action including court action may be taken against me if this is not the case. I agree that you may use the information provided to process my claim for housing benefit and any other claim for social security benefits......"

At the very bottom of the declaration it continues to add:

"I know that I must notify you of any change in circumstances which might affect my claim and understand that if I do not tell you about any change in circumstances I may be prosecuted. If you pay me too much benefit I understand that I may have to repay this."

Changes in circumstances can be anything from increases in earnings, to household changes such as people moving in and out that go undeclared to avoid the bedroom tax, living together and claiming Income Support as a single parent, not declaring a partner on a claim and/or their earnings, claiming single person's discount when not entitled to and the list goes on.... All of these can impact directly on the other State benefits that someone may be claiming.

Claimants always have a One Month time limit in which to notify changes in circumstances in order to have the change applied within the current pay period and therefore avoid creating an unavoidable overpayment of benefits.

Overpayments in excess of £350 will always be referred for the application of an enforceable Civil Penalty.

Overpayments in excess of £3000 are automatically referred to Fraud in our Council. Thereafter they are assessed for the impact that the reason behind the overpayment will have on the claimant's other DWP benefits. If it is likely that other DWP benefits may have been overpaid as a consequence of a claimant not being forthcoming in their notification of the change of circumstances then the DWP will interview under caution and from that interview decide if the reluctance to disclose was premeditated or just an oversight.

Not all fraud referrals are prosecuted, Not all receive administrative penalties either. Sometimes the omission is just an oversight and nothing more sinister than that. However I will say that by not attending the requested interviews, (you could have done so with a legal representative) you have jeopardised your own benefits. The reason being that Fraud investigators do not go away if you ignore them. You are now at the mercy of a DWP investigator who has enormous powers of investigation and who may take an adverse inference, thereby ruling that Benefits are disallowed retrospectively over the period of the original overpayment.

[pipsaholic]

Any update onwhat happen?

[Suewiang]

I’d say you did the right thing.

All the recommendations online and direct off solicitors I know tell you not to attend any interview of this kind unless after getting full disclosure of what they want to talk to you about (which you can do via a solicitor.)
Legal representatives say unless after the disclosure they feel it’s in your best interest which is rare do not go to any interview of this kind.
The only sites and people that suggest you should go are goverment sites or government backed sites or people who work for the government.

As to them informing you that it’s not been prosecuted well yes they are meant to tell you but most occasions they do not tell you so ,if you read other people’s statements and posts online this seems the norm.

[celinedion]

You might want to check with them that they actually received the payment back as it might be sitting in their bank account and them unaware it's there. It could be why they are pursuing you.

Fraud is the wrongful or criminal deception intended to result in financial or personal gain. The key word there is "intended" as if there is no intent there is no fraud.

You forgot to inform them of a change of circumstance, as such you didn't purposely do this to financially gain and therefore there was no intent.

As soon as you were asked you paid the money back because you realised your mistake and wanted to correct it. The first sentence of this website pretty much sums it up "on purpose."

You'd have been better advised to have gone to the interview with a solicitor making a personal statement at the beginning about it being an honest mistake forgetting to update their records, the change of circumstance meant it was a busy time in your life and as soon as you were made aware you repaid them because it was a genuine mistake. At no time did you intend to deceive them for financial or personal gain and then no comment to all their questions.

If you were to contact them you could still attend an interview, mapquest however meet with a criminal solicitor first and agree with them a statement for them to read at the interview.

Also, the CPS do not have to be involved for their to be a prosecution as any individual or entity can bring about a private prosecution.

Thank you very much!

[tuancut]

I’d say you did the right thing.

All the recommendations online and direct off solicitors I know tell you not to wordle attend any interview of this kind unless after getting full disclosure of what they want to talk to you about (which you can do via a solicitor.)
Legal representatives say unless after the disclosure they feel it’s in your best interest which is rare do not go to any interview of this kind.
The only sites and people that suggest you should go are goverment sites or government backed sites or people who work for the government.

As to them informing you that it’s not been prosecuted well yes they are meant to tell you but most occasions they do not tell you so ,if you read other people’s statements and posts online this seems the norm.

I very much agree with this opinion.