Successful Prosecutions in 2006-7

We, at Chester City Council, are committed to ensuring that benefit is paid correctly and below are details of some cases we successfully prosecuted, during 2006, when people have failed to declare the true facts of their claims.

During the financial year 2006-7 we:

• successfully prosecuted 11 people for housing and/or council tax benefit fraud
• formally cautioned 18 others for the same offences
• issued administrative penalties to 26 people. This penalty involves returning the overpayment in full, plus a 30% fine on top.

If you are convicted of any type of fraudulent activity then you will still be required to repay, in full, any overpaid benefit to us. This is regardless of the punishment handed out by any Court

Failed to declare a change in circumstances

A 32 year old woman from Lache, Chester, appeared at Chester Crown Court on Monday 11th August 2008, for sentencing, after entering an earlier guilty plea to three offences of dishonestly failing to promptly notify the Department for Works & Pensions, and Chester City Council, of a change in her circumstances which would effect her entitlement to Income Support / Housing & Council Tax benefit, contrary to the requirements of Section 111A (1A) of the Social Security Act 1992.

Between 27th December 2001 & 6th March 2006 she knowingly failed to report to both departments, that she had a working partner living with her, whilst continuing to claim Income Support, Housing & Council Tax benefits.

The resulting (net) overpayment was £20,648.39, a substantial loss to public funds.

In addition to the repayment of the overpaid benefit, Recorder Elgin Edwards sentenced her to 24 weeks Imprisonment suspended for two years, and 120 hours unpaid work in the community.

 

Failed to declare change in circumstances 

A 40 year old man, formerly of Hoole, Chester, and now living in Northwich, appeared on 20th May 2008 at Chester Magistrates Court, where he pleaded Guilty to three offences of failing to notify a change of circumstances in relation to claims for Incapacity Benefit from the Department for Works and Pensions & Housing and Council Tax Benefit from Chester City Council between the period of 21.01.06 to 05.04.07. Contrary to the requirements of The Social Security Administration Act 2001 Section 111A (1A)

Having failed to declare two periods of employment he was overpaid a total of benefits amounting to £6276.20, a substantial loss to the public purse.

A Compensation Order was granted in relation to the repayment of the overpaid benefit, and the Court him to 200 hours unpaid work for the community.

This investigation resulted from joint working between the Department for Works & Pensions and Chester City Council.

Failed to declare change in circumstances and additional income

A 44 year old Ellesmere Port man, formerly of Handbridge, Chester, appeared at Chester Magistrates Court on Tuesday 18 December 2007.  Where he pleaded guilty to two offences of dishonestly failing to promptly notify Chester City Council and the Department for Work and Pensions of a change in his circumstances that he knew would affect his entitlement to receive Housing benefit and Incapacity benefit, and that he conducted a period of undeclared work.

He was overpaid a total of £2835.16. and the court sentenced him to a 2 year Conditional Discharge and ordered him to pay £95 Chester City Council and the Department for Work and Pensions.

Failed to declare change of circumstances

A 30 year old Blacon man, appeared at Chester Magistrates Court on Tuesday 11th December 2007, where he pleaded guilty to two offences of promptly failing to declare a change of circumstances that he knew would effect his entitlement to Housing & Council Tax benefit, contrary to the requirements of Section 112 (1A), of the Social Security Administration Act 1992.

Between 31st October 2005 & 11 December 2006, he knowingly failed to report to Chester City Council that he was not resident at the property, whilst continuing to receive his Housing & Council Tax Benefit.

The resulting overpayment totalled £3996.04, a substantial loss to the public purse.

In addition to the repayment of the overpaid benefit, the Magistrates sentenced him to a 2 year conditional discharge, and was ordered to pay £95 towards the legal costs

 

Failed to declare work and additional income

On 19th November 2007, a 55 year old woman from Farndon, nr Chester, appeared at Chester Crown Court, where she pleaded guilty to three offences of False Accounting in relation to Housing & Council Tax benefit claim forms on or around 30 March 2000, 18 September 2003 and 22 May 2006. contrary to section 17 (1) (a) of the Theft Act 1968.

Having failed to declare her part time work and two private pensions, she was overpaid a total of £21,424.06 in Housing & Council Tax Benefit. A substantial loss to the public purse.

In addition to the repayment of the overpaid benefit, The Court sentenced her to 6 months imprisonment, suspended for 12 months, and to conduct 100 hours unpaid work on behalf of the community.

He commented that her remorse and early Guilty plea had been taken into account, and it was stated by the Defence that she had been devastated & embarrassed by this course of action being taken.

 

Completed a period of undeclared work while receiving benefits

On 2nd October 2007 a 38 year old Blacon man appeared at Chester Magistrates Court. He pleaded guilty to three offences which resulted in him being overpaid a total of £3118.20, a substantial loss to public funds.  Which he is required to pay in full to both Chester City Council and the Department for Work and Pensions. 

The offence was:

• failing to promptly notify Chester City Council and the Department for Work & Pensions of a change of circumstances that he knew would affect his entitlement to housing and council tax benefit and jobseekers allowance.  

The court sentenced him to a 2 month curfew period where he will wear an electronic tag and will not be permitted to leave his home between the hours of 6pm and 6am.  He was also ordered to pay £90 towards the prosecution costs.

Completed a period of undeclared work while receiving benefits

On 9th October 2007 a 57 year old Lache woman pleaded guilty at Chester Magistrates Court to four offences of dishonestly failing to notify Chester City Council and the Department for Work and Pensions of a change in her circumstances that she knew would affect her entitlement to Housing and Council Tax benefit, Income Support and Incapacity Benefit.  She had conducted a period of undeclared work.

She was ordered to repay the overpayment of £3829.98 in full.

Did Not Declare Additional Income

A 59 year old Blacon man appeared at Chester Crown Court on 16th July to plead guilty to dishonestly failing to notify the Dept for Work and Pensions, and Chester City Council of a change in his circumstances that he knew would affect his entitlement to Income Support and Council Tax Benefit, namely that he had additional income and that his wife was in paid employment.

He was overpaid a total of £31,065.52 (only £21,602 used for sentencing purposes) which is a substantial loss the the public purse.  He was sentenced to:

• 12 month suspended sentence for 2 years
• pay £250 legal costs
• must repay the overpaid benefit in full

Community Punishment Order

A 51 year old Blacon woman appeared at Chester Magistrates Court on Tuesday 05 June 2007 where she pleaded guilty to dishonestly failing to notify the Department for Work and Pensions and Chester City Council of a change in her circumstances that she knew would affect her entitlement to Income Support and Housing and Council Tax Benefit. She failed to report she had various periods of employment since 2001 and an undeclared non dependent from 2003.

She was overpaid a total of £13194.70, a substantial loss to public funds.

She was sentenced to:

• 150 hours Community Punishment Order
• required to pay £95 towards legal costs.

Suspended Sentence

A 50 year old Farndon man appeared at Chester Magistrates Court on Wednesday 30th May 2007 where he pleaded guilty to 4 charges of dishonestly failing to declare to the Department for Work and Pensions and Chester City Council of a change in his circumstances that he knew would affect his entitlement to Incapacity Benefit and Council Tax Benefit, namely that he was working.

He was overpaid a total of £19,310.69, a substantial loss to public funds. The overpayment will be recovered in full.

After a 45 minute deliberation, Mr Quinn was given:

•  an 8 month suspended sentence for two years
•  a 5 month Curfew Order between 2pm and Midnight
•  ordered to pay £95 towards legal costs.

Curfew Order

A 43 year old Blacon woman appeared at Chester Magistrates Court on Tuesday 22 May 2007 where she pleaded guilty to dishonestly failing to notify Chester City Council and the Department for Work and Pensions of a change in her circumstances that she knew would affect her entitlement to Housing and Council Tax Benefit and Income Support, namely that her husband returned to the household.

She was overpaid a total of £7823.15, a substantial loss to public funds.

She was sentenced to:

• a 2 month Curfew Order between 9pm and 7am
• pay £120 towards legal costs.

Community Punishment Order

A 36 year old Blacon woman appeared at Chester Magistrates Court on Tuesday 22 May 2007 where she pleaded guilty to dishonestly failing to notify the Department for Work and Pensions and Chester City Council of a change in her circumstances which she knew would affect her claim to Income Support and Council Tax Benefit, namely that her partner was living with her.

She was overpaid a total of £3395.17, a substantial loss to public funds.

She was sentenced to:

• a 60 hours Community Punishment Order.
• pay the Court £95 towards Legal costs.
• a Compensation Order was ordered against her to ensure she repays the £2923.57 overpaid Income Support.

Failed to disclose the existence of capital

In April 2007, a 50 year old Hoole man was found guilty at Chester Magistrates Court of failing to declare a change in his circumstances. 

He failed to declare to Chester City Council and the Dept for Work and Pensions the existence of capital and was overpaid in excess of £3,500 in Council Tax Benefits and Jobseekers Allowance.

He was ordered to:

• repay the overpayment in full
• pay a fine of £500
• pay legal costs of £95

 

Failed to declare change in circumstances

On 24th April 2007 a man appeared before Chester Magistrates Court where he pleaded guilty to 2 charges of failure to declare a change in his circumstances.

He had not declared the fact to Chester City Council or Department for Work & Pensions that he held capital in excess of the prescribed limit.

He was overpaid a total of £3664.76, a substantial loss to public funds

which he is required to fully repay to Chester City Council and the Department for Works & Pensions.

The court also fined him £500 and instructed him to pay £65 towards the prosecution costs.  to undertake 60 hours Community Punishment Order and pay a contribution to legal costs of £95.00.