“Forged signatures” on original claim forms - Overpayment case.

I have a case involving a fairly large alleged overpayment of H.B./C.T.B. going back the full 7 years from the time the case was brought against the claimant, owing to the alleged non-disclosure of a bank account]. Having obtained copies of the old claim forms from 2002 and 2005, I am instructed that both the signatures of the claimant and his wife are not in fact theirs. Having examined many examples of the claimant’s signature, it is, in fact, my opinion that that signature is indeed not his. I am awaiting receipt of some examples of his wife’s signature in order to form an opinion on the validity or otherwise of hers.

Should hers too prove to be a forgery or signed for her by someone else, [be it family/friend, or someone helping them with the form], I will advance this case to the Council. Should her signature be less obviously that of someone else, I would be concerned about any potential risks to her as “she” signed it as a countersignatory. Obviously I have as yet no idea as to the validity of her signature.

Does anyone know of any case-law which may be of assistance in this sort of situation?.

Clearly the couple at least for some while benefitted from the claim and were doubtless happy to receive the benefit, but if, in fact, [for whatever reason] they had not signed the form, or if the husband, as the actual claimant in this case, had not, then I would think that that would mean that the alleged overpayment could not be recovered from him/them?.

Do they say who may have signed instead of them?

FYI there is only one claimant for HB/CTB although the form asks for two signatures.

The OP is recoverable from the claimant and I can’t imagine that no one has ever claimed previously that a debt is not their’s because ‘...it’s not my signature.’ There will be plenty of case law I’m sure from the contract and banking area of law.

A handwriting expert may help but to what end? If the money was recieved, the decision letters sent and accepted as correct (if no dispute was lodged.)

On balance you may be clutching at straws.

It may be relevant that there are cases where the overpayment is recoverable from the “claimant” as well as the “person to whom the payment was made, if different”.
http://www.legislation.gov.uk/uksi/2008/2824/regulation/4/made

It would otherwise be a neat way to avoid penalty for a fraudulent claim - just sign the form with your left hand ...

Have to agree with John Birks on this.  If neither of them claimed the benefit then presumably they paid the rent and council tax in full - in which case since it would have effectively been paid twice, there will be an equally large credit on the accounts to offset the overpayments