What happens if the DWP find me guilty of Benefit Fraud? Will they take the overpayments from my suspended Benefit payments?

Question: Hello. My benefits were suspended 8 weeks ago while the DWP investigate me for benefit fraud. I’m innocent in that I have never intentionally gone out of my way to defraud or claim more than I was owed. They haven’t proved me innocent or guilty or let me know what is happening and what the outcome is likely to be.

I know if they find me innocent, they will repay all my benefits, but if for whatever reason they find me guilty because of something I’ve mistakenly done whilst filling in some form or other, my question is this…

Will they;

a) Repay the all the money I should have been entitled to whilst they investigated me if they find me innocent and not owning any money?

b) If they find they overpaid me, will they repay all the money and ask me to pay the overpayment back in instalments?

c) As above, but deduct the overpayment from what they owe me and either pay me some money or ask me to pay in instalments if the missing benefit payments do not cover the overpayment?

Sorry for all the questions, I’m really anxious as I’ve been surviving on handouts and borrowing money from friends and family to get through. Obviously if the DWP pay me back everything and clear me of any wrong doing or even ask for instalments. I can clear my debts, but if they don’t and they keep all the money I should have been paid then I’m not sure what I’ll do as I wont be able to clear my debts.

I hope you can offer some help and assistance because I’m really feeling the pressure of all this and really do not want to let down my friends and family by not paying them back. But it’s all I could do to keep my head above water.

Answer: Please do not apologise for these questions. The rules are incredibly complicated and sometimes hard even for a lawyer to understand. Just because you did not intentionally deceive, does not mean you have not broken the rules, however, an expert help is needed to make this go away and to avoid a criminal prosecution.

If they decide that you are innocent they will pay you the money you are due but without interest. If you have ever pay them they will want the money back but generally by instalments. A more important issue is the criminal side, which is where we come in

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

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