Welfare Benefits Cases

Notice of intended prosecution for DLA and PIP Benefit Fraud is withdrawn

December 11, 2018

Background Our client received a Notice of Intended Prosecution for DLA and PIP Benefit Fraud. They lived in a major northern town and received Disability Living Allowance (DLA) from 2012. Later benefit payments were converted to Personal Independence Payment (PIP). They received benefits for both mobility and personal care. In late 2015 an anonymous informant […]

PIP Appeal Tribunal Win

December 4, 2018

PIP appeal win after move from DLA. Sometimes it is hard to believe the sheer wrong headedness of decisions based on medical assessments by ATOS. This is one such PIP appeal case. Our client was a young man who had been on the middle rate care component of Disability Living Allowance and the lower rate […]

Benefit fraud – Prosecution avoided in £50,000 case

November 8, 2018

Benefit Fraud – the importance of repayment in public interest submissions The case Our client received a notice recommending prosecution in respect of claims for Housing and Council Tax Benefit and for claims in respect of Income Support and Job Seekers Allowance. The overpayments referenced a long period and totalled about £50,000. The allegation is […]

£20,000 private fraud acquittal after medical evidence served

February 5, 2018

Fraud prosecution halted after service of medical evidence Our client was charged with an ESA fraud worth £20,000. We were instructed privately in this Crown Court case. The prosecution had to prove that our client had acted dishonestly. Our client had capital of up to £115,000 which he had not declared. This meant that his entitlement to […]

Housing Benefit fraud success

December 1, 2017

Benefit fraud why you should always take a solicitor to the interview The defendant in this housing benefit fraud case faced charges of dishonesty. This was in respect of his housing benefit claim. He had failed to declare that he owned a property, or income from it. As a result the total amount obtained was […]

Client avoids £130,000 overpayment demand at overpayment appeal tribunal

November 1, 2017

Appeal tribunal success £130,000 overpayment demand set aside. Our client had a secure tenancy which commenced in 2013. He had been in receipt of Housing and Council Tax Benefit since June 2005. He received Incapacity Benefit and was now in receipt of Income Related Employment and Support Allowance. His problem first arose when he received […]

Benefit fraud of £17,000 – no prosecution

October 31, 2017

A benefit fraud case where we really made a difference. No benefit fraud case is the same yet all cases are similar. That is why benefit fraud expertise is transferable between cases. Why the strategies we use to achieve the very best result are never the same but always founded on the same principles: Careful […]

Hackney Solicitors in £40,000 Housing Benefit Overpayment claim win and client receives £7000 backdated benefit

March 22, 2017

Housing Benefit Overpayment win for client who rented from daughter in law. This case concerned a claim against our client for Housing Benefit Overpayment of £40,000. It arose because our client had rented a flat from his daughter in law. However, his son and daughter actually paid the rent. As a result the council had […]

Tax Credit Fraud success for East London firm Moss & Co no prosecution for £37,000 over payment

February 27, 2017

Tax Credit Fraud – No prosecution for client who was overpaid £37,000 Our client had seen other solicitors and then attended an interview under caution. She was accused of Tax Credit fraud in falsely claiming £37,000. The allegation was that for the last five years she had been living with her husband, as husband and […]

Help available for clients wrongly denied tax credit by Concentrix

February 6, 2017

Tax Credits advice from an expert in the field. Keith Hollywood our Welfare Benefits expert is expecting a surge in the number of Tax Credit appeals and reviews he is asked to take on. This is because HMRC have finally come to realise that the outsourcing of Tax Credit assessments has led to miscalculations and […]

PIP tribunal success

January 19, 2017

PIP success where diabetic client denied benefit on transfer drom DLA

Tax Credit Premium for Children on Personal Independence and DLA Payments

November 30, 2016

Tax Credit Premium must be paid The Guardian newspaper reports that families with disabled children have been denied payments of Tax Credit Premium. Some claims go back over 5 years. According to the Government this is due to a “a gap in the data feed between DWP and HMRC”. Some families have lost £20,000. The […]

DWP Investigation withdrawn

November 9, 2016

How to persuade the DWP to withdraw a case A DWP Investigation can lead to a summons to appear in Court. This makes some clients believe that the case will only be over once a full hearing has taken place. This does not have to be the case. We often make representations to the DWP […]

Benefit Fraud case -£50,000 win

November 3, 2016

Benefit fraud success in co-habitation case. Moss & Co client acquitted of £50,000 fraud. Judge praises defence work.

No prosecution for Working Tax Credit fraud.

July 25, 2016

Working Tax Credit fraud investigations need not lead to prosecution if handled correctly. Tactical considerations are as important as the legal issues. Client can pay privately if not eligible for legal aid and will benefit from avoidinga criminal conviction.

No Prosecution for £50K Pension Credit Overpayment

February 9, 2016

Pension Credit fraud value £50,000. Prosecution avoided when Moss & Co clinet takes early advice from Laura O;Brien a Pension Credit Fraud expert.

Moss & Co criminal law clients acquitted in rape and GBH cases and £70K benefit fraud results in conditional discharge.

November 19, 2015

Three recent criminal law cases. Recent acquittals achieved by the Moss & Co criminal team include a grave rape case where the defendant having absconded was tried in his absence. Our client was the only one of 5 defendants to be acquitted on an indictment which contained 7 counts. Laura O’Brien conducted this case. Another […]

Success in £40,000 Child Tax Credit overpayment demand

October 29, 2015

HMRC demand £40,000 overpaid Child Tax Credit We acted for a client who received a demand for almost £40,000 which HMRC claimed was an overpayment of Child Tax Credit. Our client had received the money after claiming as a single parent when she split up with her partner and father of her children. HMRC took the view […]

Conditional discharge in £8000 fraud case

October 20, 2014

Sentencing Guidelines not followed in £8000 benefit fraud case. Our client was summonsed to attend Court in relation to an allegation of benefit fraud. She had been overpaid £8,000 Housing and Council benefit as a result of her failure to notify the local authority that she had started work. The overpayment had arisen over a […]

Moss & Co stop £17,000 Benefit Fraud Prosecution

September 2, 2014

The benefit of expert evidence Our client was accused of Fraud in connection with her Employment Support Allowance (ESA), JSA, and Housing and Council Tax Benefit. The total loss was estimated at nearly £17,000. Our client denied the offences which centred on her failure to disclose income including a pension. In order to succeed […]

Succesful pension credit appeal

August 26, 2014

Always seek advice before repaying the DWP a Pension Credit Overpayment In this case we succeeded in saving our client over £35,000. Mr A had been claiming pension credits since 2003. In February 2013 the DWP wrote to him and asked about his household. Mr A wrote back and told them that he lived with […]

Benefit Overpayment Appeal Succeeds

March 5, 2014

Overpayment claim overturned Ms A was interviewed in relation to an allegation that she had income and capital she had failed to declare when claiming ESA and Housing Benefit. It was alleged that she had worked while claiming and that she owned a property that she was receiving rental income from. In interview she said […]

The importance of reducing the charge in Benefit Fraud cases

December 6, 2013

Reduced sentence in Moss & Co Benefit Fraud case Our client was summonsed to attend court in relation to an allegation of benefit fraud. He was accused of making a claim for income based JSA without declaring all his savings. He had been charged under the more serious offence of acting dishonestly contrary to […]

Benefit Fraud Charge – avoiding a conviction

December 5, 2013

Benefit Fraud Charge withdrawn despite savings of £30,000 We are often consulted by people of good character accused of Benefit Fraud. Usually they do not believe they have committed a criminal offence. They believe that they have simply “forgotten” or “failed” to tell the DWP or Local Authority about their savings or earnings. Every case […]

Pension Credit benefit fraud acquittal

October 23, 2013

DWP fail in Pension Credit benefit fraud prosecution Mr A was charged with benefit fraud contrary to s112a of the Social Security administration act. This offence can only be tried in the Magistrates Court. He was accused of working whilst claiming Pension Credit. Mr A had lived in the UK since 1969 when he moved […]

Benefits Overpayment £53,000 overturned

August 6, 2013

Mr A was overpaid income support of £53,000 for failing to declare capital above the prescribed limit held in a bank account in his sole.

Successful ESA appeal – Clients scores nil on ATOS medical but 16 on appeal

August 6, 2013

ATOS assessments are used to assess and often refuse applicants entitlement to benefits.

Successful appeal for disabled client wrongly placed on Work Related ESA

June 20, 2013

A client with severe mobility and other problems was wrongly placed in the work related group for ESA after an ATOS medical assessment.