Receive Housing Benefit and Working Tax Credits. Being investigated for Benefit Fraud


Question: Hi I hope you can help. My boyfriend has been sent a letter stating that he’s been accused of benefit fraud and that he has to attend an interview under caution. I’m really worried for him as he’s the main earner in our family.

Some background on this, I’m a full-time mother and he works full-time. He is on a low income wage and as so, they have been paying us a housing benefit top-up and working tax credits of around £10 a week which isn’t a huge amount but it all helps.

My boyfriend and I have two children and we live in a privately rented house. As far as we’re aware, we have never falsely claimed anything we shouldn’t have and always tried our best to provide for ourselves. Before the children came along, we both worked and have never been on benefits so this is all new to us.

My boyfriend had a pay rise a few months ago of £15 a week, so not a huge sum. We informed tax credits and housing benefits about this which resulted in a £65 drop in our housing benefit, so that put a damper on things as we were better off beforehand. So as you see, we’ve tried to keep them updated on everything that happens in our circumstances.

Answer: Your boyfriend has not got to attend the interview under caution. The letter gives the impression that it is not the case. Even if he attended is not obliged to say anything. They may threaten to arrest him or even do so, but still he should remain mute and not even say ‘no comment’ which really annoys them.

A much better route is to become a client of Hylton-Potts and send in a written statement.

Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value.

We operate a free and confidential 24 hour email service. Just click on [email protected] or,  during office hours, there is a free and confidential legal helpline 020 7381 8111.