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i was interviewed under caution for benefit fraud now they want to interview my partner who works and doesn't claim any benefits can he be charged
Optional Information: System of Law: England-and-Wales
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FOR JOMO1972 i was claiming benefits whilst living with my partner who works he didn't claim any benefits but now the benefit fraud team want to interview him can they charge him with fraud too?
There is an offence that they can use to prosecute people who are not themselves fraudulently claiming but are living with people who are.Its not often used really but its open to them to do so.There has been some helpful case law though which effectively says that the offence is no committed unless the non claiming partner is encouraging the claiming one in some way.But they could prosecute him Im afraid.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Please rate my answer with OK SERVICE or more and then I will continue for free.
Experience: Bar Exams, over 5 years in practice.
Just wondering how everything is going?Do you need any more help?