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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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My son went to prison for social security fraud, now 12 years

Customer Question

My son went to prison for social security fraud, now 12 years later is being asked to pay the £5000. Does he have to pay? as he has done the sentence. Back 12 years ago if you went to prison you didn't have to pay
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is he on benefits?
Customer: replied 3 years ago.

His is starting his down business and claims whilst doing this by sending relevant paperwork to prove what he has earn

Expert:  Jo C. replied 3 years ago.
Ok

So he is on benefits at the moment?

Also, did the court make a compensation order please?
Customer: replied 3 years ago.

Yes on benefit and no he sentence was concurrent with something else, but no compensation order was set as he went to prison

Expert:  Jo C. replied 3 years ago.
Do they have a CCJ against him?
Customer: replied 3 years ago.

I'm not sure, but what does that have to do with the question l asked about does he have to pay he went to prison for it

Expert:  Jo C. replied 3 years ago.
Because it would impact upon the answer.

Is it possible to check whether they have a CCJ with trust online?
Customer: replied 3 years ago.

Just spoken with my son, no CCJ over past 8 years and as for benefit what they get is working tax credit, child tax credit, DLA, careers allowance and housing benefit NO unemployment

Expert:  Jo C. replied 3 years ago.
Thanks.

They do not then, at this stage, have any legal right to enforce against him. There is no compensation order or CCJ.

However, its not quite that simple. If he is remains on benefits then they can just deduct from his benefits. That is an option for them whatever he receives.

Its is open to him to appeal their calculations but if there was an overpayment then he is liable to pay something.

Of course, that is simply resolved by not claiming although I note that some of the benefits he is receiving are non means tested which is probably why they are targetting him.

Similarly they could sue in the civil courts. Generally speaking they would be time barred under the Limitation Act 1980 but this is an overpayment of benefits and so Crown's debt and therefore not barred by limitation. That said, the older a debt the harder it is to enforce against a person. Memories are affected and evidence is lost with time.

The real risk here is that they will just deduct from benefits though. It is open to him to appeal that although since he was convicted its likely that he would be liable to pay something even if not the full amount.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/