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Benefit fraud? Getting the blame for what my partner has done ?

41 replies

Monster20 · 29/12/2015 20:47

Okay please don't hate on me I am beating myself up more than you would think.

The past year has been a nightmare I had a horrendous very complicated pregnancy. At the start of my pregnancy I had just got a job and hadn't signed off but found out I was pregnant and resigned as I had only started and couldn't take sick leave and my pregnancy was terrible from the get go I was constantly in hospital. My partner and I are on joint income support and I get housing benefit. My partner started working and I begged him to go and inform the social security agency as I didn't want him to do it and I didn't want anything jeopardizing our life with our baby. Problem is I wasn't aware that it was illegal for someone else to use your bank account which all his wages were going into mine as he doesn't have one. So now I am being brought into the SSA for an interview under caution for benefit fraud and I'm being done with 12 months benefit fraud because of my partner. I'm really scared I'm going to lose my home, my 6 week old daughter and that I will be sent to prison as I have worked out that because of him it's looks like a hell of alot of money I will have to pay back. Everyone just keeps saying I won't go to prison but no-one can be sure. I want to pay back immediately and I know I will be taking to court and will be fined but I am really scared I will go to prison because of him and my own stupidity for not standing my ground and making him do it. Thing is though 20 and have a long history of mental health problems and borderline personality disorder and I was so scared of losing my partner because when he's stressed he becomes very snappy and hard to work with. And I was scared he would leave. I was also scared because of my mental health and growing up in care that social services would try take my baby if we split up. I begged and begged my partner to stop working or to tell them and he didn't and now I'm being left to clean up all the mess because I was the main claimant of everything. I don't know what I'm going to do I don't want to lose my daughter but due to the substantial amount of money I feel like its inevitable that I will be put away and he won't have to take the responsibility for it. I am stuck in a rug and don't know what to do I feel like I am in a sick nightmare. I have contacted a solicitor but my appointment isn't til next week can anyone give me any advice ??

OP posts:
Monster20 · 30/12/2015 00:44

Apparently someone else using my bank account is illegal well so my sister has told me .

OP posts:
MooseTrap · 30/12/2015 02:18

I don't think that's the main problem though is it? It's the fact that you didn't declare that your partner was working?

Sorry if I'm confused but I think the two things are separate issues. The interview will surely be about you declaring that no one in your household worked when you knew your DP was working and when you were the main claimant.

DiscoDiva70 · 30/12/2015 02:48

Why didn't you inform the relevant people yourself about the change in your circumstances, instead of 'begging' your partner to notify them?

I also can't see why you would allow someone else to use your bank account and have no idea about the transactions going in and out of it.

TheFutureMrsB · 30/12/2015 02:53

Him using your bank account isn't what they will be looking at, it's the fact that he was working and also claiming Income Support is what they care about, as its a joint claim then it was also your responsibility to tell them that he had started working etc...

For what it's worth I don't think you will get sent to prison for it, at the moment it's only an interview with the fraud department and not the police but you should get some sort of legal help to see where you stand.

Flowers
kinkytoes · 30/12/2015 07:31

Why doesn't he have his own bank account? That in itself is quite strange I think.

gamerchick · 30/12/2015 07:48

I don't think it is illegal to use someone's bank account.

You need an answer to why you didn't tell them yourself for that interview. You need legal advice as what you're saying on here sounds like excuses and they won't wash.

LIZS · 30/12/2015 07:50

Yes I agree, the bank account is a separate issue. It is fraud for him to have access to your cards etc. If you were to report money missing, identity fraud or unidentified transactions the bank would not reimburse you as you have given your pin and cards to someone else. Why has this not given him a jolt to sort out a bank account or convert it to a joint one ? If it is a joint claim why wouldn't it be acceptable for it to go into an account in your name ?

Do you still have the money to pay back ? Presumably you have both benefitted from the extra money ?

Penfold007 · 30/12/2015 10:49

Monster are you saying your partner denies you access to your bank account, cards etc?

QuiteLikely5 · 30/12/2015 11:00

Why didn't you ring up benefits when your circumstances changed? That's what they will ask you.....why keep telling him to do it?

You still would have got working tax credits.

For your daughters sake I hope your ok.

Try googling people sent to jail in your area for benefit fraud. That way you will get an idea of what way your local judges treat fraudsters.

AnchorDownDeepBreath · 30/12/2015 11:12

Don't worry about him using your bank account, at the moment.

The problem will be that on a joint claim, you are both responsible for letting benefits know when there is a change of circumstances, and neither of you did. You both let this go on for so long that there is now a very large overpayment. You were both aware, so this is intentional fraud. Even if you didn't see the money going into your bank account, you knew that you were getting both wages and income support.

If your husband is abusive and controlling and you were scared to tell the benefits agency, they may make allowances for that, but you would need evidence of it, and you would then need to leave him. You would not be able to tell them that he is controlling and abusive and then stay - you would be failing to protect your child, and yourself.

Was it your claim, that he was added on to? Have you had your income support or housing benefit reviewed in the last 12 months, and if so, did you verbally agree (or sign to say) that your circumstances hadn't changed?

As you've been overpaid by such a large amount, do you have savings?

A custodial sentence is usually the last resort in benefit fraud cases - prison costs the taxpayer money. However, this is a serious case. It has gone on for an extended period, it was deliberate, it amounts to over £5k.

There are mitigating factors, which are that you have a baby daughter, but if SS deem his mother/foster care appropriate, your views on that won't matter, unfortunately. Like I said earlier, if you are alleging that you are abused, that is also a mitigating factor, but you'd need proof and you won't be able to stay with him afterwards.

SeldomAthleticFC · 30/12/2015 11:14

OP, don't worry about the bank account - that's completely irrelevant.
The problem is that you knew your partner was working and you didn't tell the DWP or the council. You have a duty to tell them about changes and you have broken the law by not telling them. Whether you knew how much he was earning doesn't matter - you still knew he was working.
Your best plan of action is to be completely honest. They already have enough evidence to convict you, so there's no getting around it. If you admit it, apologise (and explain about your mental health problems, controlling partner, new baby, etc.) I think it's HIGHLY unlikely you'd get a custodial sentence.

Good luck. You don't sound like a bad person, just easily led. Try not to panic. You'll get through this.

LIZS · 30/12/2015 11:19

Why were you entitled to IS, was he also claiming JSA?

JE1234 · 30/12/2015 11:23

A close friend was in an almost identical situation. She was prosecuted and served 15 months of a 20 month sentence as did her partner. They have two young children and this didn't affect the outcome. They also had to pay back all the overpayments made. Get good legal advice as early as you can if you can. She tried the defence of it being his fault as he had returned to work but it is clear in all paperwork that both of you have an obligation to inform if either of your circumstances change. I know this is scary but I wanted to give you an honest outline of what someone in the same situation went through. She wished she had got decent legal advice from the off because she had already talked herself into a bit of a corner at her first interview.

AndNowItsSeven · 30/12/2015 11:30

The problem us it the benefit claim was in your name with your dp as your dependent. That is why you are the one being called for an interview. Please seek legal aid.

SandWitch · 30/12/2015 14:52

Hi Monster, I'm sorry if I misunderstood your original post, but are you saying that you are 20 years old and grew up in care?
Do you have a Leaving Care Worker?
If so, they really should be able to support you and mitigate on your behalf.

Whatevva · 30/12/2015 15:13

Is there any sort of help for people out of care? Is your partner in the same position? Ask CAB about voluntary organisations that might help.

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