Criminal Law
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Answered in 4 hours by:
10/17/2012
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1,628
Experience: Experienced and knowledgeable criminal defense attorney.
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Q) So will I be looking at welfare fraud charges?
The botXXXXX XXXXXne is that it is possible, but I doubt it.
Here's a website for Olmstead County that discusses characteristics of welfare fraud. I understand you might be located in a different county, but the law and the legal issues will be the same throughout Minnesota. The website lists the following as fraud:
1. falsely report that a parent is absent from the household
2. intentionally fail to report a change in the household composition, income or resources that would affect the eligibility for benefits
3. intentionally fail to report any change in circumstances that would affect their eligibility for benefits
4. intentionally receive benefits from two or more jurisdictions at the same time
5. intentionally receive benefits for children not in the household
In your case, you have received money from the loans. That seems like income; the balance in your bank account has gone way up. However, generally money that is obtained in a loan is not considered "income" because you have a corresponding obligation to pay that money back.
For example, I want to buy a car. I go to the bank and borrow $10,000. They put the money in my account so that I can go pay for my car the next day. When the money from the bank goes into my account, it makes my bank account go up, but it is NOT income. I have to pay that money back to the bank. It would be income to me if I got the money as a gift or I earned it from a job, etc.
This addresses the issue of whether or not your loans appear to be income. If you are ever accused of welfare fraud due to a rise in income, have the documentation ready that shows you received the loan money and that you have a corresponding obligation to pay it back.
As for the other issues of welfare fraud, failing to report a family member change in status, claiming benefits for a family member who no longer lives with you, etc., that is all a different story. Those issues have nothing to do with whether or not your income has changed.
I hope this helps you. Take care and good luck!
Shuband
Q) So will I be looking at welfare fraud charges?
The botXXXXX XXXXXne is that it is possible, but I doubt it.
Here's a website for Olmstead County that discusses characteristics of welfare fraud. I understand you might be located in a different county, but the law and the legal issues will be the same throughout Minnesota. The website lists the following as fraud:
1. falsely report that a parent is absent from the household
2. intentionally fail to report a change in the household composition, income or resources that would affect the eligibility for benefits
3. intentionally fail to report any change in circumstances that would affect their eligibility for benefits
4. intentionally receive benefits from two or more jurisdictions at the same time
5. intentionally receive benefits for children not in the household
In your case, you have received money from the loans. That seems like income; the balance in your bank account has gone way up. However, generally money that is obtained in a loan is not considered "income" because you have a corresponding obligation to pay that money back.
For example, I want to buy a car. I go to the bank and borrow $10,000. They put the money in my account so that I can go pay for my car the next day. When the money from the bank goes into my account, it makes my bank account go up, but it is NOT income. I have to pay that money back to the bank. It would be income to me if I got the money as a gift or I earned it from a job, etc.
This addresses the issue of whether or not your loans appear to be income. If you are ever accused of welfare fraud due to a rise in income, have the documentation ready that shows you received the loan money and that you have a corresponding obligation to pay it back.
As for the other issues of welfare fraud, failing to report a family member change in status, claiming benefits for a family member who no longer lives with you, etc., that is all a different story. Those issues have nothing to do with whether or not your income has changed.
I hope this helps you. Take care and good luck!
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1,628
Experience: Experienced and knowledgeable criminal defense attorney.
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