Wife has been claiming Housing benefits without informing

[adnankhan]

Hi
My wife a British citizen has been claiming housing benefits, without informing the council about me living there. I am on spouse visa and not entitled to public funds. I have been working and giving her money for everything, I recently found out that she has been claiming all along, so I made her inform the council and stop the benefits. Council now wants to interview her.

My questions: what is going to happen to her, or me?
If she goes to prison for benefit fraud, what is my status in this country?

Regards

[John]

Does she have a criminal record? That is, any past convictions?

Also, since you moved in and started working in the UK, roughly how much Housing Benefit has been paid to you wife?

[adnankhan]

Thank you for replying,

She has no criminal convictions, we married in Nov 2008. We have a daughter. Police has taken me to police station twice from my home for fighting, no convictions either.

Rent paid directly to housing association, about £5800 in housing benefit/ rent been paid until i made her stop.

[John]

£5800! Ouch .. they will probably want that back!

Does your wife have any "excuse" for claiming while you were living there with her? Did she, for example, think that because of your visa conditions the claim had to be in her name .... correct .... and therefore your income did not need to be disclosed ..... incorrect.

Have you or your wife sought any legal advice? That might be an idea before she goes for her interview at the Council office.

[adnankhan]

i met a solicitor, and he advised me that her only defense is to say "that because of my husband's visa conditions the claim had to be in her name"

but i told her that she can not claim when i am living and working with you, but she claimed anyway.

along with paying back the money, what other punishment is there? and what is my legal status in this situation?

[Flame8800]

Hi ADNAN,

i know its old topic , just interested to know what was the outcome to the situation ?

Regards,

[Casa]

Hi ADNAN,

i know its old topic , just interested to know what was the outcome to the situation ?

Regards,

This member only posted three times and hasn't been active on the forum for 6 years.

[Amber]

As Casa rightly points out, you are unlikely to receive a response from the OP.

One can surmise that the 'wife' had to repay the benefits overpaid, as she had a dep child imprisonment would have been highly unlikely.

Reflecting on the posts, I would be concerned about the 'wife' TBH, the relationship appeared volatile.

I would also suspect that the OP had been 'kicked out' a number of times (given the police called for fighting) and it may have been arguable that she was a single claimant, the OP would have been determined to keep the relationship sustained in order to get ILR.

[Petaltop]

One can surmise that the 'wife' had to repay the benefits overpaid, as she had a dep child imprisonment would have been highly unlikely.

Having a child, or being a sinlge mother, or even being a pensioner, does not stop the person going to jail for a crime and that includes benefit fraud.

There are lots like this
https://lambethnews.wordpress.com/2011/ ... fit-fraud/

Reflecting on the posts, I would be concerned about the 'wife' TBH, the relationship appeared volatile.

I would also suspect that the OP had been 'kicked out' a number of times (given the police called for fighting) and it may have been arguable that she was a single claimant,

Housing benefit does not give more money to a single claimant. Housing benefit is based on income and the OP said -

Hi
I have been working and giving her money for everything, I recently found out that she has been claiming all along, so I made her inform the council and stop the benefits. Council now wants to interview her.

It appears from what the OP said and the council wanting to interview her, that she didn't declare her correct income for Housing Benefit.

As she didn't tell the council he was there, I assume that means that she was also claiming single person discount for her Council Tax too.

It's Tax Credits that is based on being single or a couple, but being 'kicked out' a number of times" would not change the claim to a single claim.

Income Support benefit (in a single mothjer claim situation) which is also based on income, could also be affected too.

[Amber]

For a first time offence, such a benefit fraud, sentencing guidance (Sentencing Council Definitive Guideline on Theft Offences) indicates that primary carer's for children should not be imprisoned. If you had court experience you'd know that. Just consider what the current government said they wanted to - enable more women with young children to serve their sentence in the community. Moreover, Section 10 of the Offender Rehabilitation Act 2014 - women’s needs must be identified and addressed in arrangements for the supervision and rehabilitation of offenders.

Secondly, I never said HB gives more money to single claimants However, what I was indicating that the 'wife' may have been a de facto single claimant and thus his income wouldn't have affected her claim. Child maintenance is disregarded for the purpose of the benefits discussed, including HB. Furthermore, even if a spouse lives with the claimant, the claimant can still be a single claimant depending on the nature of the relationship. I was indicating that the relationship was a sham, he was wanting to stay there to secure ILR, she may have been suffering abuse. I don't just plug what I say from thin air

[Petaltop]

Child maintenance is disregarded for the purpose of the benefits discussed, including HB.

Child maintenance is, but money to an ex-partner is not. The OP said he was living there, that she never decalred he was there. Therfore his income will be counted.

Furthermore, even if a spouse lives with the claimant, the claimant can still be a single claimant depending on the nature of the relationship. I was indicating that the relationship was a sham, he was wanting to stay there to secure ILR, she may have been suffering abuse. I don't just plug what I say from thin air

It depends what benefit is claimed as the rules vary from benefit to benefit. Giving advice on one benefit may not fit another. i.e. Look up the requirements for a single claim for Tax Credits after a split from a partner.

Each time the partner has been 'kicked out' doesn't mean it then becomes a single claim. But....from what the OP is saying, she has been claiming to be single all the time, even when he lived there and supported his family with his wages.

Hi
My wife a British citizen has been claiming housing benefits, without informing the council about me living there.

[Amber]

The money the ex-partner was giving was arguably child maintenance!

The rules for partners/spouses are very similar for all benefits and what I said stands. I've dealt with many cases and successfully won at Tribunal. A sham marriage is not a legitimate relationship, as I stated before I suspect 1. There was abuse and 2. He was staying to secure ILR. Merely a hypothesis, nothing more.

I've had a run in with you before regarding benefits......

The other time it was a post regarding Support with Mortgage Interest, which you were defiant that I was wrong, the OP has just come back on to say she was awarded the SMI.

[Petaltop]

I've had a run in with you before regarding benefits......

The other time it was a post regarding Support with Mortgage Interest, which you were defiant that I was wrong, the OP has just come back on to say she was awarded the SMI.

And now that same poster is back as she has an interview under caution for benefit fraud.