[26777]

Would anyone happen to know anything to this question?

Well, the situation is that the couple been living together while the girl is recieving single parenting payment from centrelink. But they recently broke up recently and the guy threatens her that he will tell centrelink that she's been on single parenting while they were together. He even knew about this and said it was fine with him but since they broke up he want to report her.

Would the girl get in trouble as well as the guy? Or only the girl who recieves the parenting payment? Would it still be an issue if he doesnt live with her anymore but still reports her anyway?

Thank you

 

[al_ghazal]

The person claiming the payment has defrauded centrelink. it doesn't matter if the partner agreed for her to pretend they weren't together. The person claiming the payment has the responsibility to report to Centrelink the change in circumstances. They might just give her a debt or she might get charged with fraud. She might consider confessing to Centrelink before they find out through other channels.

 

[26777]

The person claiming the payment has defrauded centrelink. it doesn't matter if the partner agreed for her to pretend they weren't together. The person claiming the payment has the responsibility to report to Centrelink the change in circumstances. They might just give her a debt or she might get charged with fraud. She might consider confessing to Centrelink before they find out through other channels.

Okay. So there's no way that she'll go to jail just cos she didnt tell the truth even tho they already broke up? She'll only be in debt?

 

[Mania]

Gaining Financial Advantage by Deception - Maximum penalty 10 years imprisonment.
General Dishonesty - Causing a Gain - Maximum penalty 5 years imprisonment
General Dishonesty - Causing a Loss - Maximum penalty 5 years imprisonment
General Dishonesty - Causing a Loss to Another - Maximum 5 years imprisonment

 

[Mania]

It would really depend on the specifics of the case, your location, your history and about a million other factors. Suggest you consult a lawyer for proffesional legal advice, there's only so much here that you can receive and you could very easily find yourself misled..

It's nicely laid out here:

https://www.legislation.gov.au/Details/C2017C00235

 

[EDT]

Okay. So there's no way that she'll go to jail just cos she didnt tell the truth even tho they already broke up? She'll only be in debt?

Quick response to the question.

The person who frauded Centrelink will be sent a bill. Centrelink will make sure the person pays every penny . Centrelink will workout the bill and email it to the person .

I hope this helps .

 

[26777]

Gaining Financial Advantage by Deception - Maximum penalty 10 years imprisonment.
General Dishonesty - Causing a Gain - Maximum penalty 5 years imprisonment
General Dishonesty - Causing a Loss - Maximum penalty 5 years imprisonment
General Dishonesty - Causing a Loss to Another - Maximum 5 years imprisonment

She said it was only been for almost a year till they broke it off cos that time they seperated when she applied for single parenting but they went back together again and now this is the last time they will end it for sure... so what would that be?

 

[al_ghazal]

Okay. So there's no way that she'll go to jail just cos she didnt tell the truth even tho they already broke up? She'll only be in debt?

Quick response to the question.

The person who frauded Centrelink will be sent a bill. Centrelink will make sure the person pays every penny . Centrelink will workout the bill and email it to the person .

I hope this helps .

Centerlink can and does pursue criminal charges against people intentionally lying about their circumstances to obtain payments. It's more than just being
sent a bill especially in situations like the one described above. it's not like someone who inadvertently under reported their income resulting in an overpayment- there was a known and deliberate effort to mislead in this case.

 

[Mania]

She said it was only been for almost a year till they broke it off cos that time they seperated when she applied for single parenting but they went back together again and now this is the last time they will end it for sure... so what would that be?

It would be best discussed in consult with a legal proffesional...

There is no honest answer I can give you, the specifics are something that need to be discussed in depth with proper consul even then it is educated guesswork as to what the outcome will be.

 

[Mish]

He sounds like a piece of work that is for sure!

I would not recommend this usually but....

You could say something like .... there is no evidence we were a couple. If you report me, I will report to immigration that we were single at the time and you obtained your PR fraudulently.

I think you had an AVO on him at the time so technically he should not have been living with you anyway.

How I wish there was a clause to revoke someones PR if they do DV against the Australian no matter when they obtain their PR.

 

[26777]

He sounds like a piece of work that is for sure!

I would not recommend this usually but....

You could say something like .... there is no evidence we were a couple. If you report me, I will report to immigration that we were single at the time and you obtained your PR fraudulently.

I think you had an AVO on him at the time so technically he should not have been living with you anyway.

How I wish there was a clause to revoke someones PR if they do DV against the Australian no matter when they obtain their PR.

Actually the guy doesn't have any evidence of them being a couple since she applied for single parenting. No joints acct, no recent photos from this year, deleted all his text messages before he left, no belongings at her place etc. But just child support which he just started a month ago i think.

But wouldn't officers go knocking on neighbours doors for proof if they know anything? Even though they dont know who the couple were. They dont have any relations with the couple.

And i really wish there were a way to revoke his PR mish. My friend is actually going through a hard time especially i heard that man was sponsored by his ex partner. especially it was a domestic relationship.

 

[26777]

She said it was only been for almost a year till they broke it off cos that time they seperated when she applied for single parenting but they went back together again and now this is the last time they will end it for sure... so what would that be?

It would be best discussed in consult with a legal proffesional...

There is no honest answer I can give you, the specifics are something that need to be discussed in depth with proper consul even then it is educated guesswork as to what the outcome will be.

Yeah im actually going to get some legal advice on monday with a friend. And speak with centrelink as well to avoid any troubles by all means.

 

[hisbooboo]

Not sure how he got away with only starting to pay child support when you have been on single parenting payment for over a year. When I went onto single parenting payment when my children were younger centrelink transferred me to the child support agency to set those payments up because if he didn't pay child support it affected your pension, and it was part of being on the single parenting payment, or so they said.

 

[26777]

Not sure how he got away with only starting to pay child support when you have been on single parenting payment for over a year. When I went onto single parenting payment when my children were younger centrelink transferred me to the child support agency to set those payments up because if he didn't pay child support it affected your pension, and it was part of being on the single parenting payment, or so they said.

Ohhh really??? Hmmmm... centrelink never transferred her to anything after claiming for single parenting and didnt mention anything. I will inquire and update her centrelink account this week thanks for ur help guys.

 

[Mish]

I am abit confused. So your friend did not sponsor him the ex did?

I am not sure if they check with neighbours or not.

She may be able to go into a payment plan with Centrelink. I would also look at backdating the child support if they have been separated for awhile.

 

[26777]

I am abit confused. So your friend did not sponsor him the ex did?

I am not sure if they check with neighbours or not.

She may be able to go into a payment plan with Centrelink. I would also look at backdating the child support if they have been separated for awhile.

Yeah my friend sponsored him meaning theyre seperated now.. they dont live together due to DV and relationship not working out.. she brought him here to australia. I'll inquire and sort it all out with her. Thanks tho.

 

[hisbooboo]

It's funny how its gone from her in the other post to a friend in this post.

 

[26777]

It's funny how its gone from her in the other post to a friend in this post.

Yeah sorry... she used my acct to type her story xD doesnt really matter who it is anyway..

 

[Mania]

At the end of the day claiming single parent when you are a couple is immoral and illegal.

The fact the relationship has broken up doesn't change this.

The way these posts are changing so frequently and the info changes remind me of my ex, a total psycho, I'm having nothing further to do with this thread and obvious vendetta.

 

[Eh?]

I am abit confused. So your friend did not sponsor him the ex did?

I am not sure if they check with neighbours or not.

She may be able to go into a payment plan with Centrelink. I would also look at backdating the child support if they have been separated for awhile.

The OP is saying it's her friend, when in fact it's actually here. She's admitted as much in the other thread where she, in her own words is trying to have her ex partner's PR revoked.