Benefit Fraud

[jamxtart]

Dont know if ive posted this in the right section so I will post it in business and finance aswell. A very very stupid friend of mine was claiming jobseekers allowance and council tax benefit while working as a dj (self employed) for a number of years. The benefit agency have caught up with him and he is being prosecuted for benefit fraud and tax avoidence (and rightly so). Total amount he owes is £15,000. Stupid friend is now hardly working as he has not had any party bookings for a while, there is now hardly any money coming in to his household. Friend is a single man with no children living with him. Friend has got a mortgage for his own house. Friend knows he could go to prison as there is no way he can pay this money back, but can they put some sort of charging order or make him sell his house in order to pay the money back that he very wrongly claimed. What can they actually do if he has hardly any money to offer them and goods that are not worth anything so pointless if a bailiff came around.... Thanx very much x

[ummmm]

They will accept the amount he can afford. It has been known that people pay it back at £1 a week.

[craft1948]

They can put a charging order on his house...............

[ummmm]

Yeah they can but can they force a sale?

[craft1948]

People think you can't force a sale but in certain circumstances you actually can. It would be up to the judge and as the 'friend' has no dependents I don't see why not.

[ummmm]

That'll soon teach them the lesson!!

I'd say they'd take it back at what he can afford though...as soon as he gets out of prison.

[cazzz1975]

this is the slippery slope that goes with benefit fraud, you take the risk then you have to accept the consequences.

[jamxtart]

Yes I thought they could!!!! What a bloody idiot hes been!!!

[craft1948]

I agree ummmm as I don't imagine they would want to make anyone homeless. However if he didn't make 'good' effort to pay them back it is one avenue they could take up. Obviously after checking that any money could be made from the house sale.

[jamxtart]

Yes to right, it justs not worth it, looks like hes in a fair amount of trouble then.

[ummmm]

Especially having no dependants....If he was struggling to feed his children they might have a small amount of sympathy.

[sara3]

if he is not working he can re-claim JSA but he MUST declare all work he does, even if it's unpaid.

his overpayment can be recovered from his benefit at some ridiculous rate and as I heard a judge say "you'll need to live to a ripe old age to get this repaid"!

I hope he's learned his lesson.

[ummmm]

It will be on his record that he's a fraud....his life could start to get much harder.

[murraymints]

Speaking as an ex ben manager...since this has gone on for some years it is likely he will serve time and have assets seized....we even had a case were our window cleaner at the office was signining on..then going outside climbing hs ladder and cleaning the very windows we were at..!!! Don't people realise that benefit staff go into pubs and clubs and taxis etcetc...

[sara3]

you can't change that outcome Pinki, but you can choose not to re-offend.

and yes, he will have a criminal record.

[TonyV]

jam - does your friend have any dependents i.e wife or children?

[owdhamer]

You use the word stupid a lot ,and you are spot on

[wolf63]

I used to calculate overpayments of Income Support and JSA.

There was one guy who had a huge overpayment which had to be repaid at a silly rate - I worked out that he would have to live until he was about 160 before it would be fully repaid.

Your friend was lucky to have managed to avoid being caught for such a long time.

[jamxtart]

Well I don't think hes learnt his lesson and probably never will as hes already been in prison for fraud 30 years ago, along with numerous other offences e.g theft. Tony hes got no dependents hes single,he has a 7 year old daughter but she lives with her mother and stays at his the weekend......

[jamxtart]

So a prison sentence is definately the most likely outcome then? How long do you think he will get?