In this case study, the Defendant was accused of having received benefit to which she was not entitled, because it was claimed that she was in full time employment at the time the claims had been made. Vivian Cohen, Frenkels Forensics, explains how we helped.
The main benefits claimed included housing benefit, Employment Support Allowance (ESA) and Personal Independence Payment (PIP). The total claimed by the Prosecution related to a period of some 5 years and amounted to over £100,000.
We established that whilst the Defendant had indeed been employed there were gaps in the employment when she took unpaid leave for a number of months as well as reducing her hours to only part time work during some of the period.
We were able to demonstrate that the Prosecution’s calculations had not taken these gaps in employment into account in their calculations and were therefore overstated.
As far as the claim for PIP was concerned we pointed out that she was entitled to receive this benefit based on the medical evidence. The Prosecution had suggested that her claim whilst working abroad was not permitted. We showed that based on HMRC guidance on benefit when living abroad, the PIP can be received in another EU country.
We presented our alternative calculations of benefits on behalf of the Defendant in order to reduce the Prosecution’s figure to a far reduced and manageable sum of approximately £30,000.