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Hello, My name is Laura, I have recently discovered that…

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Hello, My name is Laura, I have...

Hello,

My name is Laura,
I have recently discovered that due to my own stupidity i have been overpaid by centrelink. I have been working since March last year at my job, and i have been reporting to centrelink each fortnight. I had been thinking all this time that the way i was reporting my income etc was correct, but to my shock and despair i have found out i've been doing it incorrectly this whole time! Somehow i got it in my head that because i get paid weekly from my job, i presumed Centrelink would know through the tax office what i got paid, and so i just wrote in the hours of work that i hadn't been paid for yet. I get paid from work Mondays and Centrelink every second Friday. So i've basically only been reporting income for around 3 days every fortnight. I earn on average 6 to 750 a fortnight and have only been declaring 160 or so! I am an idiot! I don't know how i could be so stupid. I started recently reporting my income online on the Centrelink site, and by browsing around that site i came to realise my error. I nearly died of shock. I want to fix this situation and pay back every cent that i owe. The money they gave me wasn't entitled to me and i should have known what they were paying me was a bit much. I wanted to call or go into Centrelink to notify them that i have been overpaid, around 9 or 10,000 dollars i presume. But when i told a friend about it all they said i should seek legal advice first because Centrelink will most likely believe i am deliberately defrauding them and take me to court because the debt is so large, and try and make me get jail time? Will this happen? I dont want to go to jail! I can't believe how my sheer stupidity could get me in so much trouble. I need advice and help. I need to tell Centrelink the problem so i can fix it, but i don't want to be sent to jail for being an idiot. I know technically that im guilty, as I was given money that i wasn't supposed to have, and i need to pay it back. Please help me! what on earth do i do? I'm only 25 and i have never committed a crime in my life! I am terrified and i just want to resolve it all.

Submitted: 12 years ago.Category: Australia Law

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Answered in 8 hours by:

7/19/2010

Solicitor: Daniel, Solicitor replied 12 years ago

Daniel, Solicitor

Category: Australia Law

Satisfied Customers: 7,684

Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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Hello

I would advise you to speak with a Solicitor initially to get some more advice however in the end it will result in negotiating with Centrelink regardless to pay the money pack in any event.

You may be charged with defrauding Centrelink however should you go to them with a proposal of payment they may have you simply enter into a payment agreement to repay the money without having to charge you.

I would easily say that you will not go to jail for such a charge based on a very silly but honest mistake, that and you have no prior criminal history, let alone being charged with a similar charge before.

All the best with it, but do not freak out, it can be resolved as long as you can repay the money. Even if it does go to court, the magistrate will take a very good view of you if you have made arrangements to repay the money.

Please accept my answer.

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