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Crime Solicitors

Woman jailed for benefit fraud – and banned from social housing (14 February 2014)

Date: 14/02/2014
Duncan Lewis, Crime Solicitors, Woman jailed for benefit fraud – and banned from social housing

A woman who wrongly claimed to be single for the purpose of claiming benefits has been jailed for 22 months and banned from applying for social housing.

Mother-of-seven Chloe Embley, 37, falsely claimed £94,063 in income support, housing benefit and council tax benefit, Burnley Crown Court heard last September.

Embley claimed the benefits between 2008 and 2012 by claiming to be a single mother, when in fact she was living with her partner.

The court heard that she had got into debt to the management company of her home, Hyndburn Homes.

However, at the time she was claiming to be single she was living at the house in Rishton, Lancashire, with the father of her children, Paul Harwood.

The deception was uncovered when benefits investigators from the Department of Work and Pensions (DWP) mounted an inquiry into her situation and discovered that she was living with Mr Harwood, who was in full-time employment.

Embley was sentenced in September for the benefit fraud – but on 29 January her housing provider confiscated her social housing home and banned her from applying for a new home via Hyndburn’s choice-based letting system. The housing provider obtained a court order to evict Embley as a result of “significant” rent arrears and the benefits fraud conviction.

In September, Judge Beverley Lunt sitting at Burnley Crown Court said that it was unlikely Embley would ever be able to pay back the rent arrears and benefit overpayments she owed – adding that any money Embley did acquire would most likely be obtained from the State.

Judge Lunt sentenced Embley to 22 months in jail for the deception and added:

“You weren't driven by debt or financial need – you had a partner who was working, yet you used taxpayers' money for this time.”

The enforcement team manager at Hyndburn Homes, David Perry, said:

“We need to send a message to those who feel they can commit criminal acts without sanction from their landlord.”

In court last September, Embley pleaded guilty to failing to notify the DWP and Hyndburn council of the changes affecting her benefit entitlement – including her entitlement to income support, council tax benefit and housing benefit.

Choice-based Letting System

In 2001, New Labour changed the system of allocating social housing from a points-based allocation system to a bidding system, enabling social housing tenants to choose and bid for properties they feel best suit their needs – rather than be allocated a property on a points-based system.

Available properties are listed online and tenants can bid for up to three properties at any one time. Once the Local Authority has received all the bids for a property, it will be allocated according to which tenant has the highest priority.

Some of the properties social housing tenants can bid for may have private landlords – such as a private housing provider – rather than a Local Authority landlord.

Duncan Lewis Housing Solicitors

Duncan Lewis is a leading firm of housing solicitors and can advise on Local Authority housing – including advising on Local Authority housing delays, disrepair of rental property, housing benefits and Landlord & Tenant disputes.

Duncan Lewis is also a leading firm of Legal Aid solicitors.

For expert help with housing law contact Duncan Lewis housing solicitors on 020 7923 4020.


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