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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64051
Experience:  Over 5 years in practice.
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had interview under caution for benefit fraud they said will

Customer Question

had interview under caution for benefit fraud they said will lookk into it further this was 7 months ago ,they believe my husband was living with me . they didnt stop my benefits i wrote to them asking them to stop my benefits 2 weeks later due to me having give my controlling husband his own way and letting him back to live with us on the sofa,and told them they ruined my life. i have had letters for overpayments to pay back for housing benefit council tax and income support 18 months worth. i finding it very hard to prove he wasnt due to still sharing the same bank account and i went on a camping holiday with him and the kids for the kids sake,how long will it be before i hear .will i go to prison.! all they said 7 months ago is that they will get there supervisor to look into it and investigate furfer i said get my husband in they said they will but they havent.and they only sent overpayments letters they not said what they doing if anything,i worried sick its making me so ill.
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Hi

Thank you for your question. I will try to help with this.

How much is the overpayment?
Customer: replied 2 years ago.
for jomo1972 all the overpayments come to about 13,000
Expert:  Jo C. replied 2 years ago.

So what is your specific question about this?
Customer: replied 2 years ago.
for jomo 1972 how long does it take to find out if they taking it further i.e court.and willi go to prison!!!!
Expert:  Jo C. replied 2 years ago.
If this is an allegation of benefit fraud then they are not time barred. Its not a summary only offence so they do not have to summons you within 6 months. They need to act within a reasonable space of time or they will face abuse of process arguments on the basis that evidence has been lost and memories affected. But that could be several more months I'm afraid.

If he was living there though then you would seem to be in difficulty unfortunately.

If the overpayment was £18,000 ish and you have no previous convictions then the starting point is a medium level community order and the range is a fine to 6 weeks custody. If you plead guilty then I would expect it to drop to a low level order, realistically a supervision order.

There will be an order for compensation though I'm afraid. If you want to mitigate further you can make arrangements to pay the money back.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cost.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64051
Experience: Over 5 years in practice.
Jo C. and 6 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
for jomo thankyou. i am looking into going bancrupt and citizen advice have said the overpayment can go in with the bancruptcy ,as i dont know if they are still investigating me as i have not got anything to do with fraud on it.or would it make the matter worse if i go bancrupt.
Expert:  Jo C. replied 2 years ago.

The overpayment can but a compensation order of the court cannot I'm afraid.

Otherwise it might be a good idea but bankruptcy isn't my area.

From the point of view of criminal liability bankruptcy would make no difference.
Customer: replied 2 years ago.
ok yes i know that any court fines can not.just that my outgoings are more than omy incomings and lot of debt so cant afford to pay overpayments or debts so want to start again by going bancrupt.just didnt know if it would cause more trouble with the benefit fraud in court if i went bancrupt.. thankyou for your help much apreciated and help full.
Expert:  Jo C. replied 2 years ago.
No problem. All the best.

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