Fraud or not fraud

Fraud or not fraud

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By jndavs
03rd Dec 2014 08:59

CAB?

Have you tried Citizens Advice?

Thanks (1)
Stepurhan
By stepurhan
03rd Dec 2014 09:00

Still a legal question

Same as it was when you asked this exact same question last week.

As I said then legal advice, possibly from Citizen's Advice Bureau due to lack of funds, is the best next step.

Thanks (3)
By Democratus
03rd Dec 2014 09:34

With savings of £15K i would expect the legal costs to be funded

out of them.

CAB is for those who genuinely can't afford it.

Thanks (3)
By johngroganjga
03rd Dec 2014 11:48

This is a straight down the middle legal question.  I don't know why you are coming back to an accountancy forum for  a second time to ask it.  It's the same as coming on here seeking a cure for toothache.

Thanks (2)
Replying to airgead:
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By neileg
03rd Dec 2014 11:47

Toothache

johngroganjga wrote:
It's the same as coming on here seeking a cure for toothache.

Oil of cloves
Thanks (2)
David Winch
By David Winch
03rd Dec 2014 12:03

Legal question

Essentially in the English legal system the prosecution (& not, for example, the judge) have a discretion whether or not to prosecute an alleged offender.  So you have to wait & see whether they prosecute - & if they do, what specific offence they prosecute for.

In relation to benefit fraud the claimant may be prosecuted for making a dishonest claim (usually under s111A Social Security Administration Act 1992) or for making an incorrect claim not dishonestly (usually under s112 SSAA 1992).

In relation to the s112 offence (but not the s111A offence) there is a time limit for prosecution set by s116(2).

A key factor in the decision may be what the claimant said in interview.  If the claimant has, for example, admitted to knowingly making a false statement on a claim form with the intention of obtaining a benefit to which he / she was not entitled then it is an easy matter to prosecute and obtain a conviction for a s111A offence.

Obviously the fact that this claimant has previously been subject to a penalty for a false claim makes it more likely that the false claim on this occasion will be regarded as deliberate & dishonest.

If there are multiple offences and / or a continuing offence (such as a failure to notify a change of circumstances which the claimant knew would effect his / her entitlement to benefit) then, post conviction, confiscation proceedings may be instituted on the basis that the claimant has a 'criminal lifestyle'.

All this is straightforward stuff which a solicitor or the CAB will advise on.

The claimant needs to get proper legal advice.

David

Thanks (1)
By UK PLC
17th Jun 2015 18:02

Problem now sorted

paid back what she owes and a £200 fine. Judge did not give her proper community punishment due to her health but allowed her to do her punishment doing duties in our local church for 100 hours.

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