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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I know someone who changed his birth certificate illegally

Customer Question

I know someone who changed his birth certificate illegally and has been claiming his pension for the last 3 years even though he is not eligible for his UK state pension till 2018? What is the punishment for this! I should say I suspect heavily rather than know
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am a lawyer based in London. What is the basis for this suspicion?
Customer: replied 1 year ago.
My mother has separated from her alcoholic husband, and he told her some years after the marriage. I believe it to be true
Customer: replied 1 year ago.
Can you advise? Does this make the marriage not legal?
Expert:  Alice H replied 1 year ago.
It is a crime to alter a birth certificate and also a crime to make a false claim for benefits, including a pension. There are various laws that deal with false claims but ultimately it all amounts to fraud. A person who is convicted of fraud could end up in prison depending on the amount paid and length of time of the fraud was committed.
Customer: replied 1 year ago.
Thank you, ***** ***** it make the marriage invalid?
Expert:  Alice H replied 1 year ago.
The validity of a marriage is not dependent on a person's date of birth. But it could be argued that it was wrongly registered if a false date of birth was given.
Customer: replied 1 year ago.
So if we can prove the the birth certificate was falsified without my mother's knowledge, could it then be argued that the marriage was invalid?
Expert:  Alice H replied 1 year ago.
In which country did the marriage take place and which year?
Customer: replied 1 year ago.
Barbados in 1995, with a vicar?
Customer: replied 1 year ago.
And would my mother be implicated? Even though she is only mentioning it now?
Expert:  Alice H replied 1 year ago.
OK. I can't answer that question because I only deal with English Law. You would need to ask a Barbadian lawyer.
Customer: replied 1 year ago.
Ok would she be implicated in fraud though? She did not know for certain, if it is true?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youEven if you can prove that the Birth Certificate had been changed - unlikely - it certainly will NOT invalidate the marriage in any wayIt is also unlikely that there would be any question of fraud UNLESS you can prove that the birth certificate was changed deliberately to access the Pension earlyClare
Customer: replied 1 year ago.
He has definitely been claiming his pension with the knowledge that he changed his birth certificate. Could that lead to a custodial sentence?
Expert:  Clare replied 1 year ago.
No - not given the fact that you believe this change happened years agoBear in mind you will also need to prove that he has indeed swapped his identity with that of a sibling (the only way the change could have been effected and worked with regard to his pension)