I panicked and left

So, I used to do this sort of thing for a living - but not fraud or for the DWP

The Courts are not the place to sort out Social Security Issues, as is often pointed out by the Social Security and Child Support Tribunal.

So, what SHOULD happen is that the DWP needs to make a decision that you have been overpaid and the amount.

This decision is appealable.

Details of how to do it are at

https://www.gov.uk/appeal-benefit-decision

What the Tribunal will do is decide IF you have been overpaid, if it is repayable by you AND the amount of the overpayment which for various reasons may NOT be what the DWP says it is.

The Criminal Trial MUST NOT take place until the appeal has been heard, the reason being that until you have exhausted the Appeal process there is no confirmation that there is an overpayment, its amount and if it is recoverable.

The Upper Tribunal have made some pointed comments about the inability of the Criminal Courts to deal with benefits legislation

When the existence of the overpayment and its amount have been confirmed AND ONLY THEN can the criminal trial take place. Bear in mind that in the sentencing process the amount of the overpayment will be relevant.

You will need specialist benefit advice, I suggest your local Citizens Advice is a place to start or a Law Centre.

I am not qualified to comment on the behaviour of the DWP Investigators but those with a knowledge of Criminal Law may be able to comment

Failing that contact me

Mumsnet is really not the place for advice on this. You run the risk of being told the wrong stuff by well-meaning but poorly informed people on here. You need to consult a lawyer.

Well OP had £25k when she left...

I think I'd stay where I was. I'm guessing you're in Ireland.

Cost of living still high here.

You need to contact the Fraud investigator who is responsible for your case and have the interview.
Are you willing to use the 25k to pay the debt back? If you are you won’t go to prison

Maybe the OP has family overseas who could support her in getting settled. Maybe she could start a job or business with less.

I know quite a few people who have returned to my home country, especially from the USA, because with some funds (not a great deal) and an overseas education, you get snapped up for jobs you don't access overseas.

Housing laws are also less stringent, so you can purchase land cheaply and build your home in your time.

@Hazelnutmist , you need a lawyer as fraud cases don't go away. At worst you likely will have been asked to repay any benefits you weren't entitled to. Now, however, this will have escalated to a bigger issue than it was then, so engage a lawyer.

What country are you in now?

Are you happy there?

The UK has a lot of problems and the COL is still high. And you were planning to move anyway.

Contact a solicitor.

A fraud investigator should never tell you that you would go to prison. For a start it's not their decision, it's up to the CPS/COPFS.

Prison is a (remote) possibility for benefit fraud - especially a single issue offence with no organised fraud element. Yes, you can be prosecuted and you will have to repay any overpayment.

Were you interviewed under caution using recording equipment? if not it is not a prosecution case. If an investigator actually said you would be going to prison and that was on the recording then it is very likely the prosecution would not proceed as they have not done their job properly. You would obviously have to pay back debt.

If you've just panicked and heard what you expected to hear (sounds possible TBH) you could have totally misinterpreted the situation. You should also have been questioned on whether you sought legal advice, if you wanted to do so now etc. if being considered for prosecution. Without this the recorded interview is useless.

Friend/family supporting?

OP how long ago did you leave the UK?

I will say this again if you need benefits to survive. How the f* are you able to afford to go abroad and start living a life abroad? In what, in a hotel in a flat? How are you doing that

Op could have still been working and claiming some benefits as a top up.

How are you surviving whilst abroad? Are you working and presumably managing without benefits?

Surely as OP is a single parent, she is?

So who's looking after your kids while you're abroad?

Prison for 25k?

You’re likely to get a fine and community service.

I read that a woman didn’t declare 30k and she didn’t get a prison sentence.

Is there more to this than you’re saying OP? I can’t believe someone would be threatened with prison for failing to declare money they can prove they didn’t know they had.
Anyway, why not stay where you are? You presumably have rights to live there, and you’re managing financially without benefits, so I’d stay put if I were you.

More to the point how do you afford to live and move abroad if on benefits as I know what I get and I assume even a single mum wouldn't be on that much more

May I ask how does some one on benefits manage to afford to move abroad because I know what I get a month and I woukdnr have the cash to up sticks and find a place and move abroad like that

How did they find your account and can you prove that you didn't access it? Can it be shown that your parent opened it?

Sounds like they were trying to pressure you into making a confession. Did you have legal representation for that interview?
If it was a police interview they would put the allegation to you and you would give your defence ( eg I knew nothing about it). They would then go to your parents to establish who set up the accounts and whether you knew anything about it. They could also establish from the bank who / where they had been sending financial statements. I don’t see how you could be charged for a fraud but you obviously need some legal advice. I’m not sure about leaving the country and what implications there may be because I’m not familiar with DWP powers.

You need actual legal advice. This post reads as though they told you you were facing prison so you fled the country. It seems very likely they'll want to talk to you about that. Why you want to come back, given that you said you wanted to leave anyway? The cost of living here remains very high.

@colesr I see that makes more sense. Thank you I was struggling to make the connection between fraud and having the money and didn't realise the benefits claim part.

You definitely need to speak to a lawyer