Interview under caution!!

[Omaricious]

Hi everybody

I have a pending visa application @ ukba, in which i mentioned that i will be living with my sponsor's parents in the same house.

My sponsors parents are in receipts of housing benefits, but my spouse is paying her share in rent n council tax for the room we intend to live in.

Yesterday my spouse's father received a letter from council that he is summoned to an interview under caution for benefits fraud.

After deep thinking we stopped @ two hypotheses:

1: my spouse has savings over 16k in her bank account. Bt she is paying her share in the rent and council tax!! Could this be the issue?

2: my spouse's sister got married 5 years ago and not living in the house and not living in the house anymore! That is also an issue.

My question is could these two possible issues affect in anycase my visa application?

And what implications could these problems cause to the claimant!! Would the council stop the benefits or take other measures?

Thank you

[Amber]

Can be a multitude of things, who are you/your spouse paying rent to? The council need to be informed you are living in the property as there will more than likely be a non-dependent deduction from benefit.

Could be savings that the parents have or other undeclared income. Now you can attend the interview with a family member or if you have a spare ~£200 you can get a solicitor to attend with you. If nothing has been done wrong, a family member/friend should suffice.

[Omaricious]

thank you for ur reply

just for the info i am still waiting for the visa so i am not in the UK atm.

my wife is paying her share of rent to the housing association via direct debit from her bank account.

the parents gave their daughter a total amount of 10k as cash gift to help her sponsor me. other than that they have no significant savings. as i know ppl could still be entitled to benefits if their savings are under 16k.

we do doubt that the fact of not informing about a household member who moved away might be the problem.

I wanna know what kind of sanctions could the claimant be exposed to?

[Amber]

thank you for ur reply

just for the info i am still waiting for the visa so i am not in the UK atm.

my wife is paying her share of rent to the housing association via direct debit from her bank account.

the parents gave their daughter a total amount of 10k as cash gift to help her sponsor me. other than that they have no significant savings. as i know ppl could still be entitled to benefits if their savings are under 16k.

we do doubt that the fact of not informing about a household member who moved away might be the problem.

I wanna know what kind of sanctions could the claimant be exposed to?

Based on what you've just said it could be deprivation of capital. If they had not informed the council they had 'given' away capital then that could be deemed as fraud. Savings over £6000 can affect housing and council tax benefit (unless at or above the age for state pension, then it's over £10000). If you have more than £16000 (unless on pension credit guarantee element) you are not entitled to housing or council tax benefit. If you give away money (deprive yourself), that capital can be deemed notional capital (as if you still had it). Sanctions can be nothing, repayment or prosecution depending on the amount and evidence. You really can't speculate and will have to wait for the interview, a solicitor being present may be appropriate if they have a serious overpayment on the other hand it may be nothing,