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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am paying back monthly ESA overpayment now I have

Resolved Question:

Hi I am paying back monthly for an ESA overpayment now I have received a letter over a year from when this came about that I must appear at magistrates court the amount was £8,000. will I go to prison I am so scared and seeing a bereavement therapist due to losing my father 6 months ago I am so stressed out . Please can you tell me what you think the outcome will be .
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you have any previous convictions?
Customer: replied 2 years ago.
No previous convictions
Expert:  Ash replied 2 years ago.
Ok. Well you wont go to prison. You are being prosecuted for failure to declare a change in circumstances I imagine, which lead to the overpayment.
You are likely to get a fine or Community Order - but wont face custody for £8,000.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
If I am paying this back from over a year ago why would I need to go to magistrates court they want me to answer the following charges why I failed to declare full and accurate details of my capital . Section, 111A (a) and (3)
I have never had any convictions previously and as a result of losing my father suffering from depression and cannot cope with all of this.
Expert:  Ash replied 2 years ago.
Because regardless of whether or not it was paid back, you still have committed an offence. Sadly they are entitled to take you to Court, but there is no risk of custody.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Under my circumstances mum with cancer looking after her trying to get a job and losing my father will they be more understanding you think. I know many people who had overpayment more than me for benefits and not gone to court why me? Always had a career I'm very worried
Expert:  Ash replied 2 years ago.
I can't say why others are not in Court, only the position you face.
But you wont get custody.
Can I clarify anything else for you today please?
Alex
Customer: replied 2 years ago.
The reason for not getting custody is it because of the amount and I am paying it back ?
Expert:  Ash replied 2 years ago.
Yes correct. It would need to be circa £20,000.
Does that help?
Alex
Customer: replied 2 years ago.
Even if it comes under benefit fraud ?
Customer: replied 2 years ago.
On line they say they have scrapped the £20k amount and you can still go to prison for 10 years
Expert:  Ash replied 2 years ago.
No, you won't go to prison for £8000
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi can I ask regarding my requisition from the cps regarding my ESA what does 111A(a) and (3) mean from the cps what will be my sentencing on the day of magistrates court. Thanks
Expert:  Ash replied 2 years ago.
I don't understand the question?
Customer: replied 2 years ago.
I had an overpayment for ESA from last October from 2014 total £8,000 I have been paying it back monthly now I have to go to magistrates court next month as the department Of work and pensions have taken this matter further it says on the requisition contrary to section 111A 1(a) and (3) what does this mean will sentencing be harsh .
Customer: replied 2 years ago.
Hi did you look at my previous question ? Thanks
Expert:  Ash replied 2 years ago.
Yes I have seen that. I have answered it for you, you won't get custody. You would get a fine or community order.
Does that clarify?
Alex
Customer: replied 1 year ago.
Hi I'm due to go magistrates court for over payment due to benefit overpayment I have fully payed it in full now and the cps are writing to the dwp to take this into consideration what is the chance they will settle out of court .
Thanks