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Being found not guilty of benefit fraud & the aftermath

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1 year 4 months ago #281787 by jasong123
Hi
can you give me any advice about this sensitive subject with regards to what can the DWP do after the case has ended and someone being found not guilty at a crown court (derby).
This request for advice is not for me but a girl friend of a good friend of mine.
This girl called Suzan was accused of benefit fraud which she has denied from the start and she has cooperated with every part of the case that the DWP had brought against her even though it has totally devastated her entire world from the very start just by her being accused by the DWP of a fraudulent benefit claim both totally shocked her and tore her world apart from the day she received the letter from the DWP . So to cut a long story short the DWP accused her of having made fraudulent benefits claims backdated to 2007 but she denied all there claims as it was not true what they was saying so they went ahead (after trying to make her agree with them ) and a date was set for trial at DERBY CROWN COURT (I it was in 2013 ) which lasted 3 days & at the end of the trial she was found not guilty of all the charges against her .
So you would have thought being found not guilty at a crown court that would be the end of it. Unfortunately the DWP had other ideas and started to recover all benefit that had been made to Susan by deducting money from her benefits and gave her less council house benefit than not because the DWP had said it was claimed fraudulently so she had to pay the remaining part of the council house benefit and council tax benefit out of her normal benefits and also pay back all the normal benefits claims that she had received out of her normal benefits and the worse part is she is still having these deductions being deducted now July 2023 and they won't be stopping for a long time.
I don't believe that this is actually happening since she was found not guilty of all charges so there surely should be nothing to pay back.
If at all possible can anyone give any advice as to if they can do this type of thing after being found not guilty of crime and where do I start to help her claim back the money paid back to the DWP and how to claim for the total destruction of her entire life any comment will be very appreciated goo or bad thank you...

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1 year 4 months ago #281802 by Gordon
jasong123

The problem lies in the legislation being used, so fraud is prosecuted under the Fraud Act 2006, and benefits are managed under various Social Security Regulations, in simple terms there is no overlap.

So two "decisions" have been made, a benefits one and a fraud one. Whilst the fraud one has been resolved in the person's favour there has been no revision of the benefits one, hence the deductions.

Given how long ago this happened, your friend needs to request an Anytime Revision of the DWP's Decisions, this is not a simple task and they really need to get face to face advice from a trained advisor. See

advicelocal.uk/

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 4 months ago #281829 by Sammianne
I would suggest that if in whatever area of the country the person lives in that they see if there is a Law Centre in the area, as on top of welfare/benefit specialists they usually also have a solicitor that does some pro bono hours also.
Ours has, but don't know if that's the same with all of the other Law Centres. It's worth a try looking though.
Sadly gone are the days when the CAB also used to have pro bono solicitors giving some of their free time, which they used to have a couple of decades ago.

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