Naturalisation and good character

[zoe66]

I have recently discovered an issue with the good character requirement. I was given an administrative penalty prior to 2008, for an overpayment of benefits. I did not mention it in my previous Permanent Residency application in 2017. I no longer had any paperwork and had forgotten all about it. It was a complete oversight on my part, and it had just been brought to my attention when I included it in my application for Citizenship. I have now put the application on hold as I am not sure how to proceed. I think that the penalty, together with the (involuntary) omission may tip the balance.
Thank you

Gaia

[Amber]

Was this a civil penalty for a failure to inform DWP/HMRC of a change of circumstances?

[zoe66]

HI Amber, yes it was. The offence was in 2006, and I paid it off in 2009 (it was because it took them a long time to get back to me, nearly two years ). I had savings which I did not disclose. The amount was always below the threshold allowed, but at some point it went over the threshold and I did not report it. It wasn't a big amount, more out of sloppiness than deliberate deception. The fine was £400, overpayment £1000.

I did my PR in 2017, and did not remember that penalty, in the back of my mind was just an 'overpayment' episode. To be honest, it wasn't even in the back of my mind. I think I cancelled it from my memory, like a skeleton in the closet. I spent ages doing SAR's and writing emails left right and centre searching for forgotten FPN's, etc, and that one penalty just did not click. It was only when looking into Citizenship and reading on forums etc that I realised that I should look into it more. I asked the Council to send me the lost paperwork and they did, including a letter of confirmation of payment. That was in 2018. Following advice from an immigration consultant at the time, I waited until now (10 years from paying the penalty) to pick up the application again. They seem to think that it wasn't a big issue, but I have now realized mistake number 2, not disclosing it in the PR form! This is the result of stupidity and trying to do things by myself, but it does not look good.
I have been advised to write a letter to explain everything. I am trying to make an assessment of my chances because if this gives me very little chances anyway, I do not want to waste the fee.
I am a EEA citizen and I have been in UK more than 30 years and always been honest and, apart from a Speed Awarness Course (24mph), I have had no other issues.
My application is now ready to go but this is making me feel I should just put it in the bin.

Thanks for reading
Gaia

[zoe66]

Sorry, just realized I did not actually answered your question. Overpayment of Housing Benefit.
Gaia

[Amber]

Were you given a cautioned interview and were you prosecuted for benefit fraud?

[zoe66]

HI Amber,
I was asked to attend an interview under caution which i did not attend as per solicitor advice. They then asked me had to sign a letter of agreement which stated that they had ground to istigate legal proceedings but if I agreed to pay the Administrative Penalty they would not. So I did.

[zoe66]

The benefit fraud adjudication believed that fraud had occurred, I suppose the fact that it was intentional or not did not matter at the time, but it was a small enough amount to be dealt with a penalty.