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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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Need advice on possible frud claim, Not sure where to

Customer Question

Need advice on possible frud claim,
Not sure where to begin...
First thing is I am married but currently separated to my husband due to domestic violence,
He is now threatening to call tax credits to inform them I have been claiming as single person from the start didn't inform them I got married, even though we lived as married couple he stay over not not every night but is saying he did, he didn't work he claimed jobseekers himself, he saying he wil tell them I was claiming single complaint and didn't inform them I was married, and that I will get done for tax fraud..
As you can understand I am very upset and worried just don't know what to do? Would I be arrested for this? So confused.?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is it true?
Customer: replied 2 years ago.
Sadly it is, not intentionally where we didn't live as married couple I just didn't think I did anything wrong? Now because of the domestic violence and he got retraining order aganist me he threaten this as said were both end up in prison?
Expert:  Jo C. replied 2 years ago.
Well, he could make a report. If it he does then it will be acted upon I'm afraid. They have a duty to investigate this type of thing.
I wouldn't expect an arrest though. They will just invite you in voluntarily for interview. Arrests are rare with the DWP as they need the police to do that.
If the over payment is over £3k or thereabouts though then they will prosecute I'm afraid. They are cracking down on benefit fraud. Also, there will be an order to repay the amount of the over payment.
Sorry but i have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thank you for your answer I understand it's a complex situation because mine is going be over that mark does that mean prison? I have already been through so much with domestic violence this will just mentally distroy me, I understand I did wrong, would I need legal help if this did get bought forward. Thank you
Expert:  Jo C. replied 2 years ago.
How much is it going to be?
Customer: replied 2 years ago.
I am really not sure I would say about 20k something round them lines... Is that prison? I've never been in trouble in my life?
Expert:  Jo C. replied 2 years ago.
The guidelines for that level of fraud do include custody but i wouldn't expect it on a first offence.
Court usually look at every alternative before custody.
The problem here will be the compensation order.
Customer: replied 2 years ago.
What is a compensation order? I have also been looking through my paper work, I not sure if my marriage would be voided as my birthd certificate at the time of marriage was in my mothers maiden name, but my parents never changed it over.. So I was married in my fathers surname but my I was legal my mothers maiden name? Where would that stand I regards ***** ***** the marriage? As you would have to be married in what ever name you have legal on your birth certificate but I wasn't ?
Expert:  Jo C. replied 2 years ago.
they will make an order of compensation in the sum of the overpayment.
No, it wouldn't be void and anyway you still should have reported his presence.
Customer: replied 2 years ago.
Thank you, ***** ***** but at most times he wasn't present he was up north, and I have been on my own for the past 5 months....
Long and short part is if he was to report me then I would be prosecuted maybe face prison sentence...
I am going to be informing them Monday on the changes, what should I exclose to them?
Would I need legal help?
Thank you
Expert:  Jo C. replied 2 years ago.
You probably would be prosecuted but a prison sentence is not likely.
You can disclose in a full and frank way.
If they invite you for interview then you will need a solicitor.