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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My dad comitted benefit fraud last year, he went to the job

Resolved Question:

My dad comitted benefit fraud last year, he went to the job centre and had an interview under caution and is now paying back £200 a month. On Saturday he got a letter delivered to say he has to go to court this month. My dad has said its just procedure to say he is paying back the money but is this right?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

How much as the overpayment please?

Customer:

Just over £2000

Alex Watts :

Have they said why he could not accept just a formal caution?

Customer:

When he was at the job centre he admitted what he did and accepted what they said and accepted that he would pay it back at £200 a month

Alex Watts :

Did he have a Solicitor present?

Customer:

No he didn't because he had nothing to hide. He admitted from the start he done wrong. Tgis was months ago

Alex Watts :

Did they say that would be the end of the matter and no other action would be taken?

Customer:

He was tlld it might go to coury but it wasn't in their interest

Alex Watts :

Ok - given the value he may be entitled to a caution. Otherwise you can't stop it from going to Court.

Customer:

He's not trying to stop it he knows he has to go. He accepted what he done was wrong and is paying it back.

Alex Watts :

Indeed. Sadly he may just be entitled to be cautioned and he needs to get a Solicitor to explore that option with the DWP

Customer:

He had the interview with the jobcentre back in September

Alex Watts :

Yes of course, but he should get a Solicitor now to see if this can be dealt with by caution

Customer:

So what will happen at court then? He's paying back the money admitted he done wrong why go to court now

Alex Watts :

He will be subject to a Court penalty, likely to be just a fine.

Customer:

His interview was under caution

Alex Watts :

Yes I understand that. But that is not the same as receiving an administrative caution

Alex Watts :

Being interviewed under caution and receiving a formal caution are two separate things.

Alex Watts :

Is there anything else I can clarify about this today please?

Alex Watts :

Make sure his Solicitor asks caution to be ended.

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