To answer this question it is firstly important to understand that someone who has been investigated for benefits fraud will not automatically have a criminal record. The case has to have been taken to a criminal court and the person has to have actually been convicted of defrauding the DWP. Only at this point, do they end up with a criminal record. In theory, convictions for benefit fraud remain on that person’s criminal record permanently. However, after a period of time they are considered spent and, therefore, in some circumstances, need not be declared. The time that needs to elapse…
If you have been wrongly accused of benefit fraud, the first thing you need to do is to seek proper legal advice. A firm of lawyers with experience of dealing with these kinds of cases will give you advice to help you to fight the case and ensure that you do not make matters worse. They can help you to understand what may have happened to cause you to be investigated and help you to sort out any misunderstandings without making matters worse. The sooner you seek advice, the better. You will feel much better about the whole situation once…
240,000 couples claim to be apart to claim lone-parent benefit ALMOST a quarter of a million couples with children are pretending to live apart to claim lone parent benefits worth up to £7,100 a year, Co-habiting couples who wrongly claim the lone parent tax credits can gain up to £7,100, rising to £9,985 for those with two children, or £11,917 for those with three. HM Revenue & Customs said it was aware of the problem of undeclared partners perpetrating tax-credit fraud, and was combating it. “Last year alone we carried out 120,000 checks on undeclared partners, and are continuing to…
Parents face penalties if they do not declare their child benefit. HOUSEHOLDS where one parent earns more than £50,000 a year and still receives the full child benefit are being urged to register for self-assessment immediately or face hundreds of pounds in penalties, and there can be committed service and prison sentences as well. Child benefit — worth £20.30 a week for the first child and £13.40 for each subsequent child — has been withdrawn on a sliding scale so that for homes where one parent earns more than £60,000, child benefit is lost completely. Eligibility is based on the…
This guide is equally for both married couples and gay couples who have entered into civil partnerships, (for ease we have used the expression ‘divorce’ throughout. In the case of gay couples the expression is ‘dissolution’. There are many things to think about. It is likely to mean changes to whom you live with, maybe where you live, as well as changes to your finances. This can be further complicated where children are involved to care for and support. It is a huge change in your life and can be a very difficult and emotional time. One of…
Benefit and tax credit fraud costs Britain almost £2 billion each year Benefit cheats face increased jail terms of up to ten years under a crackdown More cases will be pursued and tougher sentences sought by sending suspects straight to Crown Court, in new guidelines for the Crown Prosecution Service. The enormous economic cost of benefit fraud will be a major consideration in whether charges are pursued. Middle-class and “professional” cheats will be targeted as the offence is brought into line with crimes such as money laundering and banking fraud. The CPS will also aim to ensure that those responsible…
The punishment for benefit fraud varies and is dependent on the seriousness of the offence, mitigating circumstances and other factors. Therefore, each case is different. A case could be dealt with in one of three ways. In the case of a first offence, it is sometimes possible to be given a caution if you admit to the offence. However, this only happens if the amount that has been over claimed is small. Naturally, this option appeals to most offenders. However, there are consequences to taking a caution for committing benefit fraud, especially if you re-offend. Therefore, accepting a caution is…
Whilst benefit fraud is a serious offence being found guilty does not automatically result in a prison sentence. If handled correctly many benefit fraud cases can be settled and dealt with outside the court system. In this situation, the case is settled with the repayment of all of or a substantial portion of the amount falsely claimed. There is also usually a fine to pay, and possibly of the suspension of the certain benefits for a period of time, but no prison sentence. Only the serious cases result in a prison sentence. Deliberately making a false statement to get benefits…
The Regulation of Investigatory Powers Act (RIPA) is very clear about how surveillance can be used. The act restricts the use of invasive surveillance techniques to a small group of circumstances. The use of intrusive surveillance has to be authorised by a judge. Fixed cameras and bugs are by their very nature intrusive forms of surveillance, for which benefit fraud investigators are highly unlikely to get permission to use in the course of their investigation. However, that does not mean that they cannot legally use other investigative and surveillance techniques. It may not be possible for benefit fraud investigators to…
Solicitors and lawyers must demonstrate the value of a qualified family lawyer in divorce cases. We are used to buying practically everything on the internet. Accordingly, why should not we also be able to buy a divorce online? Or is that just too simple and one-dimensional? There are, however, many people who need clear, expert and independent advice about the consequences of separation and divorce, both for them and their children. At the same time, however, it is becoming more difficult for the public to obtain such advice, especially those of limited means. Legal aid, in divorce and family cases,…
