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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70406
Experience:  Over 5 years in practice
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If you appear in crown court for benefit fraud and the judge

Customer Question

If you appear in crown court for benefit fraud and the judge sentences you but no mention of paying the money back do you still have to pay it back.
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.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I appeared in court for benefit fraud the judge gave me 8 month custodial sentence but did not mention that I had to pay the money but the d,h.s.s demanded I pay everything back

Expert:  Jo C. replied 3 years ago.
Are you on benefits?
Customer: replied 3 years ago.

Yes

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

The fact that the criminal court did not make a compensation order does not mean the money does not need to be repaid. It just means the criminal courts did not make an order to that effect probably because you received a custodial sentence so it was not realistic.

The DWP do still have a claim against you though I'm afraid. They can deduct from your benefits automatically. You can appeal that decision but since you were convicted of an offence of benefit fraud its not likely to succeed.

The only way to stop them doing that would be to come off benefits entirely. Even then they could sue you although it must be said the DWP tend not to do that.

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