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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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my girlfriend has been called in to see the D W P for alledged

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my girlfriend has been called in to see the D W P for alledged frued as she has been claiming dissiblety money and has been claiming for 11 years, they are saying that she is claiming fradulntley but she is not and they are giving her a very hard time what is her rights.

Mr R. Chapman

Did you want to know something specific about this?

Customer: replied 5 years ago.

yes, my girlfriend is fully regesterd disabeled she get high mobilety plus low care allowence, the D W P are saying that she comitting frued as people are saying she is making it up and is not as disabled as she is claiming, she has a twisted curverture of the spine and has a 14inch harinton seel rod throw her back, and has had this since she was 14 yrs old,i think the D W P are trying to prove that she is claiming to much money they are saying she can do more than she is letting on, she is very worried that they will try to send her to court or worse prison can they do this ?

It obviously depends on the facts of the case but if they have evidence to suggest that the disability is not genuine or exaggerated then they can certainly prosecute her for fraud.

Whether she will go to prison or not depends on a number of factors. Obviously they have to convict her first but the truth is that DWP prosecutions are often brought on fairly strong evidence.

Unless she has horrendous previous convictions though, the overpayment would have to be pretty high before the Court would even be considering custody. I imagine this is a change of circumstances issue rather than a false claim from the start. In fairness, with benefits its quite easy to rack up quite a high overpayment if the claim has been going on for some time but the overpayment has to be in excess of £60,000 before custody is a realistic option.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

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Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 5 years ago.

yes it was a genuine claim, the D W P have admited that they know my girlfriend is disabled, i think that it is a case of change of circumstancees that thay are geting at she has never been in any sort of trouble, its just that she is making her self ill with worry about court and prison, can you put her mind at rest please,

Well, I cannot guarantee anything really.

They could prosecute her depending on the evidence they have.

Custody is a possibility but only if the over payment is very high. If this is a first offence and a change of circumstances rather than a false claim from the start then custody is not likely unless the overpayment is very large.

Knowing she is disabled though is not necessarily the same thing as being eligible for this particular claim. They are probably saying she doesn't need high mobility.
Customer: replied 5 years ago.

i think the amount is some where around £ 22,000 and yes it would be a first offence if found guilty

Custody is not likely then.
Customer: replied 5 years ago.

thank you

No problem.

All the best.
Customer: replied 5 years ago.

my girlfriend has been for a second interview with the dwp, and i think they do have evedance of fruad, they have stoped her money and have told us that we must wait to here from the dwp, will it go to court and will she go to prison, she has never been in trouble before, and is so very worried, i have an inheratance to come could i offer this to keep her from prison.

Customer: replied 5 years ago.

are you going to reply ?

Yes, i can but I'm not really sure what you want to know?

I've covered the prison point earlier really.

You cannot prevent the DWP prosecuting her by paying off the overpayment. Its a mitigating factor if she herself repays it but there are other issues. Its in the public interest that benefit fraud is prosecuted.