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Crime Solicitors

Couple cleared of Benefit Fraud after DWP archives change in circumstances letter (16 March 2015)

Date: 16/03/2015
Duncan Lewis, Crime Solicitors, Couple cleared of Benefit Fraud after DWP archives change in circumstances letter

A couple charged with benefit fraud totalling £42,500 have been cleared after a court heard that staff at the Department for Work and Pensions (DWP) had lost letters that would have supported their fight against the charges.

The Daily Mail reports that Sarah and Leslie Grant from Cheltenham were on trial for benefit fraud while sending their children to private school and living in a property which cost £1,950 per month. The couple had been accused of using benefits to fund their children’s education and their lifestyle.

However, Mr Grant told the court that he had written to the DWP advising them of a change in his circumstances. The DWP had denied ever having received the letters but the case was thrown out of court after DWP investigator Tracey Tye admitted in evidence there was a computer record of the letters Mr Grant had sent. She said the letters had been “archived” and were “no longer retrievable”, so could not be read.

Judge William Hart directed the jury to find Mr and Mrs Grant not guilty of benefit fraud between 2009 and 2011. They had been accused of wrongly receiving £19,000 of pension benefit, £19,000 of housing benefit and £4,500 of council tax benefit.

Gloucester Crown Court heard that Mrs Grant had received a £40,000 payment from her parents – and was drawing income as a director of three companies – while she and her 67-year-old husband were both claiming benefits.

However, the couple said that they were “penniless” and needed support from the State after several business they were involved in went bust.

The court heard that, as well as money from Mrs Grant’s parents and business interests, the couple had nearly £50,000 in their bank accounts.

An investigation into their affairs was started after officials enquired how they were able to £1,950 a month rent with just £775 a month housing allowance.

In May 2010, Mrs Grant told benefit officials that her parents paid the children’s private school fees and any shortfall in their rent.

In court, a second forensic accountant said that the couple had no income paid into their accounts, although a sum amounting to more than £48,000 was available to them. The court was told that £40,000 of that sum had come from Mrs Grants’ parents as a short-term loan to help them get back on their feet – and the couple were struggling financially after several of their businesses went into liquidation.

Mr and Mrs Grant had both denied falsely claiming pension credits and housing and council tax benefit without declaring they had other income.

Duncan Lewis Benefit Fraud Lawyers

Duncan Lewis benefit fraud lawyers can advise at any stage of a charge involving benefit fraud, including charges relating to out-of-work benefits, Housing Benefit, pension credits, child tax credits, disability living allowance and Universal Credit.

Duncan Lewis is a leading firm of Legal Aid solicitors with offices nationwide – in London and the southeast, there are more than 20 Duncan Lewis offices able to advise on charges involving benefit fraud.

For expert legal advice on benefit fraud, call Duncan Lewis benefit fraud lawyers on 020 7923 4020.


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