we recieved a letter yesterday from the council asking us to attend an interview under caution . i then stupidly realised i didnt inform them my patrner is working this really is genuine it is a total oversight as im so busy.i work in a school and if this goes ahead and we are done for fraud i will lose my job . i have the money which they have overpaid could i just pay it plead to them notto take it any further ? i really have made a huge mistake but have not purposly committed fraud pleas help !
Optional Information: System of Law: England-and-Wales Already Tried: ive only tried this i am going to go tomorrow to the council tax office to see if i can do anything but the letter is in my partners nameand im wondering if theywill talk to me i will do anything
Hi there. Thanks for your question, I will help you with this.
Presumably, the purpose of the councils investigation is to understand what the position with your husband is, and then to conclude whether or not there was a deliberate attempt to claim benefits unlawfully.
Whether or not the council would conclude there was a deliberate attempt to defraud them depends upon your explanations offered to them.
Sometimes, the best approach can be to plead ignorance, and explained it was a genuine mistake.
If the council accepts that be the case, then a prosecution does not necessarily have to follow.
However, the converse is true, in just because it was a genuine mistake, does not necessarily mean that prosecution will not follow.
Therefore, I cannot say with any real certainty what the local authority is likely to do. This is a matter which they will consult as appropriate with the Crown Prosecution Service, if they believe that there has been unlawful claiming of benefits, and a decision then taken.
At the outset, it might help if you were prepared to offer to pay back any monies wrongfully claimed, and to do so immediately, if possible.
Does this assist?
yes a while ago my partner was out of work i was the only one working and he went to claim benefits he claimed for council tax benefit and everything was fine. but he then started work and we just totally genuinly forgot to tell them about this so in there eyes we have committed fraud but yes we have on paper i suppose but not intensionally.so your saying if i go in tomorrow and plead eith them and pay the money they might be ok .
i feel they might make an example out of us i am so worried as if they go ahead with this then i will lose my job and my 7yr old son goes to my school so if its in the paper it would be truely awful for us and im not a deliberate fraudster
If you were not claiming anything, then isn't this down to your husband exclusively? Shouldn't he have informed them, not you?
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HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.I see you have left a poor service rating for my colleague. Perhaps I can help.What is the sum of the overpayment roughly? In fact, if the council accept that the overpayment was an honest mistake then there CANNOT be a prosecution as they have to prove dishonesty. Also, there is an offence committing if you live with a person fraudulently claiming with knowledge of their position.