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Hello. My daughter has been claiming disability benefit for…

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Hello. My daughter has been...
Hello. My daughter has been claiming disability benefit for 2 years. Last week her local job centre rang her stating her mother had rang to say she had emigrated to new zealand. I went with her to the job centre and she had to make and sign a statement to say she had not worked in either uk or anywhere else for the last two or more years. It then transpired they had got my daughters national insurance no. mixed up with a girl of a similar name and my daughter was told she would be investigates for fraud. She has received no payments since April of this year and has had to borrow heavily from her mum and dad. She has been treated as if she were a criminal and is now in such a state she is constantly crying. She has been told the investigation will take a long time and they have evidence she worked for the nhs - untrue. How on earth do i help her/ Thanks Barbara
Submitted: 8 years ago.Category: UK Law
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6/21/2010
Solicitor: DR Lawyer, Lawyer replied 8 years ago
DR Lawyer
DR Lawyer, Lawyer
Category: UK Law
Satisfied Customers: 2,319
Experience: BA (Hons) Pgdl Pgdlp (LPC)
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Good evening,

 

There is nothing that you can do to speed up the criminal investigation I am afraid but they will have to prove beyond reasonable doubt that your daughter was guilty of fraud. From what you have said this is a case of mistaken identity so the evidence simply will not exist.

 

This advice note from Direct Gov http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BenefitFraud/DG_10035820 should assist in explaining your daughters rights further. Follow the guidance on this page http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949 in respect of a challenge to their decision to stop benefits. Ultimately you will need to pursue the matter to a Welfare Benefits tribunal if you want to challenge the decision either the interim withholding of benefits or a final decision to withdraw them.

Regards


DR Lawyer

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