Legal Question in Criminal Law in California

Is this considered welfare fraud?

I may know of a case of welfare fraud but am not sure. A woman who is in the process of divorce (not final yet) has applied for and recieved welfare payments for herself and her son. She apparently put a false address (friend's address) on the papers even though she is still living with the husband. She lives with the husband but does not pay rent/share of mortgage, does not pay for food, utilities, other expenses and does not pay to support her son (her husband supports the child - his stepson - entirely). IS this considered perjury and welfare fraud?

Also, if this woman were to move out and live with a boyfriend who provided support to her, or paid for an apartment and car for her, while she continued to receive welfare payments, would this be considered fraud (if she did not report any of this to the welfare agency)?

Lastly, would she have to report any gifts or money received from the boyfriend?


Asked on 3/15/06, 4:25 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is this considered welfare fraud?

Whether she has committed perjury or welfare fraud depends upon what she said in her welfare application. If she lives rent-free and claimed she pays rent then she is probably guilty, but for all you know she truthfully said she pays no rent. The same is true of the rest of her claim.

It's also possible that she explained her current circumstances and is simply trying to have benefits lined up so she can receive them when she moves out (it would be unjust to make her move out before applying when she has no income and no idea whether she will receive benefits or how much she will get).

If the only false information she gave was her address and if that alone would not affect her eligibility or how much she received, then the information is probably immaterial and her answer would be neither perjury nor fraud.

Are you thinking of turning this woman in? Even if she is guilty of welfare fraud, your actions may have serious consequences for her son. There are times when it's best to give people the benefit of the doubt and not get involved.

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Answered on 3/15/06, 6:01 pm


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