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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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Hi im in court on the 27/8 for benefit fraud I have started

Customer Question

Hi im in court on the 27/8 for benefit fraud I have started paying the money bk I work full time what will happen to me
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

How much is the overpayment please?
Customer: replied 4 years ago.

The overpayment his 2120

Expert:  Jo C. replied 4 years ago.
Do you have any previous convictions ?
Customer: replied 4 years ago.

No only for my son not attending school in 2009

Expert:  Jo C. replied 4 years ago.
That should be disregarded as its dissimilar.

If the facts are as you say then I would expect a conditional discharge or a fine.

Obviously benefit fraud is news topical at the moment but, generally speaking, Magistrates don't get so emotional over it as jurors do. Magistrates are a bad tribunal for lots of reasons compared to proper fair minded jurors who aren't influenced by a clerk that goes into the jury room unaccompanied by counsel for a little chat about the case. However, on this particular point, I have always found that jurors can have a very emotional reaction in a way that Magistrates will not.

This is not a very large overpayment. You are repaying it. Even if it was a false claim from the start its not that high.

I don't think they could justify anything other than a fine or a conditional discharge. Since you are repaying it anyway I'm not sure they would make a compensation order.

Can I clarify anything for you?

Customer: replied 4 years ago.

Im just really worried cause my dads terminally ill and I couldnt cope with jail

Expert:  Jo C. replied 4 years ago.
You are not going to get custody for £2000 ish overpayment of benefits on a first offence.

Customer: replied 4 years ago.

Thank u so much

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.