How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

i.am.up.at.court.next.week.claming.pension.and.council.tax

Customer Question

i.am.up.at.court.next.week.claming.pension.and.council.tax.benafits.totaling.7000.pounds.over.a4.year.period.ihave.been.paying.it.back.at55.pounds.aweek.for.the.last2.mounths.what.shoud.iget.at.the.court
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.had.saving.of.41.thousand.pounds.from.my.works.redundesty.that.idid.not.declay

Expert:  Jo C. replied 3 years ago.
Are you asking what sentence you will get?
Customer: replied 3 years ago.

i.am.68.years.old.and.never.been.to.court.before..i.would.like.to.now.appiniom.of.what.sentssetecei.will.get

Expert:  Jo C. replied 3 years ago.
I presume you had this money when you claimed originally?

Its not something you acquired later and failed to report.
Customer: replied 3 years ago.

yes.ihad

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

This is obviously a fraudulent claim from the outset and I imagine it went on for some time given the sum of the overpayment. Those are two aggravating features I'm afraid.

That said, £7k is not the largest overpayment in the world and I imagine you have no previous convictions? Also, I imagine you intend pleading guilty from what you say and that will entitle you to one third credit.

The starting point in the sentencing guidelines for an overpayment of £12500 is 6 weeks custody and the range is a medium level order to a sending to the Crown Court. Your overpayment is just over half of the starting point figure so realistically they are not going to be considering custody or a sending to the Crown Court.

However, it is too serious for a conditional discharge or a fine I'm afraid. They are going to be considering a community order in some form or another that is appropriate to your issues. I imagine that probation will interview you and find that you have none so this will probably end in an unpaid work order.

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

Jo
Customer: replied 3 years ago.

i.am.68.years.old.so.what.will..a.community..order.cosist.of

Expert:  Jo C. replied 3 years ago.
It depends on the issues that probation find but if none exist then I would expect unpaid work or curfew but curfew is not likely because its go no nexus to the offence.

Being 68 does not mean that unpaid work is not available.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

how many hours community will you think i will get..and how it works out

Expert:  Jo C. replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Customer: replied 3 years ago.

if.iget.a.fine.and.community..will.i.be.able.to.make.an.extra.fine.not.to.do.the.community

Expert:  Jo C. replied 3 years ago.
No.

I'm afraid you cannot choose which sentence the court imposes.

If they think a community order is appropriate then a fine cannot avoid it.