PIP, DLA and AA
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Benefit fraud

stanthemanstantheman Member Posts: 9 Listener
I have had 2 brain hemorrhages and was on dla I was sent to see a benefit advisor about getting into work she said I would still be able to get some of the benefits I was on I found a job and devidecdec give it a blast as I had always worked and was bored. When I started working iwas on 6.10p an hour and my benefit was still paid but at a small reduced rate so I just excepted that all was ok and the reduction was due to what I was earning. 9years down the line I was told I should not have been entitled to all what was paid and was charged with fraud. In my court case the dwp barrister told the judge they would not be pursuing themoney the judge then said that due to that fact he had no alternative but to impose a custodial sentence. When I served my time and came home the dwp are stopping 40% of esa which I have been put back on due to health problems. So the question is would the judge have imposed a custodial sentence if they where going to pursue the money or left me in my job paying a part of my earnings back to the dwp or did the barrister for the dwp mislead the judge.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    You need to get expert advise regarding this.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited September 2018
    I have had 2 brain hemorrhages and was on dla I was sent to see a benefit advisor about getting into work she said I would still be able to get some of the benefits I was on I found a job and devidecdec give it a blast as I had always worked and was bored. When I started working iwas on 6.10p an hour and my benefit was still paid but at a small reduced rate so I just excepted that all was ok and the reduction was due to what I was earning. 9years down the line I was told I should not have been entitled to all what was paid and was charged with fraud. In my court case the dwp barrister told the judge they would not be pursuing themoney the judge then said that due to that fact he had no alternative but to impose a custodial sentence. When I served my time and came home the dwp are stopping 40% of esa which I have been put back on due to health problems. So the question is would the judge have imposed a custodial sentence if they where going to pursue the money or left me in my job paying a part of my earnings back to the dwp or did the barrister for the dwp mislead the judge.
    Your story more or less mirrors that of a friends. Quick facts - he started a small business and told the Jobcentre about it and had to notify them how much he had earned on a 2 weekly basis. His benefit was adjusted in light of this meagre income. He then signed off after about 18 months simply because of the intrusion of signing on etc etc. Anyhow about 2 years later he had a visit from the fraud officer at the jobcentre saying that he should not have had any money as not withstanding his low income, his hours of working were over the limit.
    He actually told the investigator to 'get lost' as there was no evidence to show what his hours were.
    Unfortunately this evidence did exist as his old neighbour had given a statement telling them what they were. Then he was raided by the police with the fraud investigator with them at 6.00am. They searched his home and his car and arrested him and took him to the police station. He was charged with 78 counts of theft. 
    I went to Crown Court and after being found guilty by a jury and being of good previous character was only sentenced to 6 months in jail AND had to repay the whole debt of about £9000.
  • stanthemanstantheman Member Posts: 9 Listener
    Well tried to seek advice from court ,cab, solicitor, everywhere nobody seems able to help now I am on esa and receive 174 pounds for me and my partner they stop 30pounds plus 10i have to pay for over payment of rent and 6pound overpayment of council tax
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