Advice needed about CAUTION for Benefit Fraud (no fraud commited btw!)

[looneytune]

Hi

Some of you will remember (under my previous name of HellyBelly) that my dh lost his job on xmas eve last year. Well, we're fighting that case atm but I have another problem I need your help with.

Dh was out of work for 3 months before finally getting some temp work. I was earning a very small amount each month and we were sinking fast into debt. We got desperate and ended up claiming housing and council tax benefit. Dh filled in the big form and the relevant benefit went direct to the council tax and housing (rent) departments to go towards the arrears.

During this hard time, my dh lived in our bedroom (yes, for 3 months during every day) because I'm a childminder and he wanted to stay out of the way - was very very low. Our marriage suffered big time and we went to relate and luckily we're still together but it was a really awful stressful time. So, with everything that was going on, dh and I forgot to inform the benefit office when he started working. It was a temp job for about a week to start with and we just didn't think - were just happy he had a weeks work. Anyway, this led to a permanent job and we suddenly realised we hadn't informed the benefits office. Dh rang straight away as was really worried and they said just to write and let them know. He did this, informing them he was now working and asked them to advice him what to do next. Next thing they wanted a meeting re possible benefit fraud - all taped etc and scary for dh who felt like a criminal. This took place in June and for the last 3½ months we've been worrying about what will happen.

Today received a letter saying they have sufficient grounds to recommend instituting criminal proceedings against him but on this occasion are prepared to consider issuing a formal caution.

My dad has adviced us not to accept it. We feel dh has been bullied, it's totally ridulous. HE was the one who informed THEM that he was working, the date he started and asked to know what to do next (i.e. paying them back) and now they are treating him like a criminal.

They want him to attend another meeting in a couple of weeks - more time off work (very important he doesn't annoy work after how long it took to get the job!).

Anyone had this happen before? Got any advice? Me and my dad seriously think he should tell them to take him to court then and see what they say. It's all crazy as far as I'm concerned.

Any advice would be MUCH appreciated.

Thanks

There are cases where they will not take any further action other than recovery because it could be classed as voluntary disclosure. Is there any possibility that they had recieved information from elsewhere (i.e. the Inland revenue) before he informed them?

If they are offering a caution then it has been looked at and agreed that it would stand up in court, they will have to prosecute if you refuse.

I would contact them and ask them about voluntary disclosure first. If they have a valid reason for not using this clause, then you have a choice to make.

The caution, by the way, is not a police caution and will only be used aginst you if you were to commit a benefit fraud again. It does not go on any further records.

They certainly haven't told dh they heard elsewhere. They just said it's because he didn't inform them straight away. He was very very apologetic and feels awful but on the other hand, he doesn't want a caution out of principal as the way he has been treated throughout this is madness. There are people out there getting away with proper fraud and it just makes us . I will get him to ask them about voluntary disclosure, thanks.

If there is more to it, they certainly haven't told us and their letter that started all this was dated about 2 weeks after dh wrote to them to inform them.

Id get down the C.A.B... before you make any decisions.

If it's not too much information for you to divulge, how much is the overpayment and how long was the period between your dh starting work and informing the benefit office?

MMM is quite right - if he refuses the caution they will start prosecution proceedings.

Hi sorry for not coming back to this sooner, it's been a bit mad in my house as we're moving house in just over a week (oh no, won't have computer for a bit so not MN )

Anyway, I have spoken to dh and we've both decided with everything that's going on in our live's right now, he'll just accept the caution but make it clear to them he doesn't agree with it. We just can't afford more problems and if it's only going on his benefit records, it won't be a problem as we'll NEVER been going to them again anyway (long story but whole thing was a nightmare). I was just worried that it would be a police caution and with me being a childminder, we don't want him to have ANY kind of criminal record.

Still think the whole thing is crazy. It was about 6 weeks when we realised as no money entered our own account and our lives were a mess at the time. It just wasn't something that popped into our heads. Of course when he got a full time job and we started working out how to pay people back etc, we suddenly realised that the benefit office hadn't been informed. Dh immediately phoned up and they said to just put it in writing with start date etc, which he did.

He really has been bullied but we've decided 'new house, new start' and are going to put all of the rubbish behind us (well, once the employer court case is finished!)

Thanks for the advice