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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70208
Experience:  Over 5 years in practice
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I CLAIM COUNCIL TAX AND HOUSING BENEFIT. I HAVE SAVINGS OF

Resolved Question:

I CLAIM COUNCIL TAX AND HOUSING BENEFIT. I HAVE SAVINGS OF £30000 AND THE COUNCIL HAVE JUST UNCOVERED 2 ACCOUNTS AND NOW I UNDERSTAND THAT FOR HOUSING BENEFIT I AM ALLOWED £16000 IN SAVINGS AND ONLY £6000 FOR COUNCIL TAX. WHAT CAN THEY DO TO ME RE MY MONEY
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They cannot touch your savings.
But they can prosecute for benefit fraud and recover the overpayments. If they do prosecute in the criminal courts then they could make a compensation order in the sum of the overpayment to be paid from your savings.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
and is there anyway that i can stop them getting all of it or can i say i am holding it for someone else. The thing is i suffer from combat post traumatic stress disorder from serving in the forces and get confused
Expert:  Jo C. replied 1 year ago.
Not on these facts. You are liable for the overpayment I'm afraid.
They cannot just seize it but if they prosecute they could seek a compensation order.
Expert:  Jo C. replied 1 year ago.
You can't say you are holding it for somebody else because you are not.
Customer: replied 1 year ago.
could i not just offer the money or overpayment. if it goes to court and i get prosecuted does that mean i wont be able to go to my cousins wedding in the US
Customer: replied 1 year ago.
As its housing benefit will it affect my ESA AND DLA benefits too
Expert:  Jo C. replied 1 year ago.
You can offer to repay.
That will be helpful mitigation.
It doesn't mean they won't prosecute though I'm afraid.
It will affect ESA but not DLA.
Customer: replied 1 year ago.
and will affect my chances of going to the USA
Expert:  Jo C. replied 1 year ago.
If you are convicted it will I'm afraid.
Customer: replied 1 year ago.
If they do take me to court will i go to prison ?
Expert:  Jo C. replied 1 year ago.
It depends on the sum of the overpayment but it is very unlikely unless you have relevant previous convictions.
Customer: replied 1 year ago.
if i am convicted does that mean i will never be able to go back to the USA
Expert:  Jo C. replied 1 year ago.
No, it depends on their view of it.
It does mean you will always have to declare it.
Customer: replied 1 year ago.
I am taking that as meaning that going through US immigration I will have to explain that i was convicted of fraud if it comes to that. Is there a possibility that if i declare everything to the council and offer repayment etc they might not take it that far ? sorry for all these questions
Expert:  Jo C. replied 1 year ago.
No problem.
Yes, they is. They don't prosecute everything.
You cannot rely on that though obviously.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
what i have done is close and ISA and put it in a current account so i will disclose that and offer that as payment as well as the account that they know about. I totally forget stuff due to my meds and get confused i will offer up everything for them to take out for any overpayment and hopefully that will possibly sway them from prosecuting me if i am totally honest and up front
Customer: replied 1 year ago.
so best thing is be totally up front
Customer: replied 1 year ago.
would it be worth me finding a solicitor to represent me when i go and see the benefits officer ?
Customer: replied 1 year ago.
can i take it that this will only be a one off payment and wont be charged each month as i only want this one off consultation

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