One of my wife's friends has asked if she can get her wages
paid into my wife's bank account otherwise her benefits will drop. I detest this kind of thing and on principle want her to say no, but wanted to know if my wife
Could get into trouble should her friend ever get caught defrauding? Would she be liable for prosecution for helping her commit fraud?
I would say she would definitely be in trouble, it will be a criminal offence. Please talk her out of doing something stupid. She could end up with a criminal record.
Problem with the bank and the employer as well
Your wife is Mary Jones (for example) the bank can't accept money paid to 'Ann Smith' into Mary Jones's account. The employer can't pay Ann Smith's wage into someone else's account.
As said, benefit fraud is a crime and helping someone commit a crime is also a crime in itself.
She would be committing an offence under Section 328 of the Proceeds of Crime Act 2002. The maximum penalty for that offence (13 years imprisonment) is actually GREATER than the maximum penalty for the benefit fraud itself (8 years imprisonment).
>>> The employer can't pay Ann Smith's wage into someone else's account
Yes they can. It's not unusual for people to have their wages paid into the account of, say, a partner. However if the bank suspects that there's any money laundering going on, they're obliged to inform the authorities.
Get your wife to point out that 'In work' benefits are more generous than 'out of work' benefits. So her friend is almost certainly better off doing the correct thing by getting into work and claiming the legitimate benefits for doing so rather than risking a prosecution for benefit fraud which will get both of them into trouble!
you or she is assisting fraud - the fren knows she is getting more benefit than she is entitled - so does your wife ( erm and you )
and so you have conspiracy ...
fraud act s2 big catch all and I would have thought would catch this
assisting an offender
and surprisingly enough - money laundering. you are handling the proceeds of crime - another widely drawn act that you might find .... inconvenient but pressing
so all sorts of things could happen
including clawing back the moolah from your dear wife AFTER she has passed it on back to the prime mover ( oh! and criminal conversion or whatever it is now)
Are either you members of professional associations ? dishonesty such as this could easily get you struck off whatever it is you are on - and without the professional membership - nobbus jobbus ( no job)
have I dampened a tad your desire to help an indigent and needy fren' ?
[ another fren' asked is he should allow his brother to put the house in his name as the bro looked at tho' he was gonna go under.
I just about had a fit that this was raised in public ... ]
I do wish that people would be honest,the Benefit system is designed to help the needy. If the woman in question needs to hide the facts of her income she obviously does not require benefit & should not therefore be claiming it.
^ As far as i know you can have wages paid into a account in a name other than your own as long as it is a partner , relative or a company / business account. I don't think you can just have your wages paid into the account of someone who has no connection with you other than just being a 'friend'.
I may be wrong in which case I stand corrected.