Accused Of Benefit Fraud, Interview On Thursday Please Help!

[bethan6583]

Hi. i have recieved a letter from the dwp saying they want to interview me as they have grounds to believe i am living with my partner. this is wrong, i will explain my situation first..

i am 25, i have 2 older children who are 7 and 8 and i have a 10 month ld daughter and i am due again in 7 weeks. i am with the father of the two babies, he is my boyfriend and we are very much in love and want our family to be together, however we are waiting untill september to move in together as he earns very little as an apprentice (he is in his final year, after 3 years and qualifies in sept) in sept he will be on good money which is why we are waiting, as you all know the government make it impossible for you to survive in any case!

my boyfriend lives round the corner from me at his parents house, which has where he has always lived, he has lots of prove that he lives there, all of his letters go there, his work has him at that address, basically everything does. as he lives round the corner he spends alot of time at my house. he stays about 3 nights a week, yet he is here helping me most of the time as i have the baby and im heavily pregnant.. also he wants to be with us as much as he can (as stated the only reason we dont live together is because we cant afford it right now).

we dont share any money, however we have got a joint bank account. he doesnt have any of my money and i dont have any of his. this, i think, we can prove via bank statements, his money comes in on the 15th, on the same date he has 3 direct debits that nearly take up all of his wages and whatever is left he takes out. we got the bank account in preperation for moving in together in a few months.

my worry is, what do they define as "living together" because we actually dont! hes here alot yes, but thats because his children are, also he is my partner! as i said we dont share money and he doenst give me any extra.

we are two deasant people wanting to do the right thing and be a family, is this really benefit fraud?? i just dont know what to expect in my interview. i mean, if what we are doing is breaking the law then id rather us move in together now and struggle rather than be told how we can live our lives.
the facts are, i live alone with my children, therefore i am intitled to my benefits and my housing benefit. my partner lives at home and gets his low wage and has his own bills, rent etc to pay. just because he comes here alot, how is that benefit fraud? i wasnt aware if your on benefits your not allowed a relationship!! we have good intentions and want to live together in sept and than when i can go back to work i will and to be quite honest even if this turns out to be ok id rather them keep their benefits. im not a child yet it feels like i am a naughty kid having there pocket money taken off them!! i think not, they can keep it, id rather be allowed to live like an adult. i will not be forced to live with my boyfriend untill we are ready, but if it means i am breaking the law by having him here alot than i would rather struggle and be allowed to see him.

has anyone else experienced similar or can give me advice because i am seething at the pure cheek of them.. i would really appreciate anyones views... sorry for the length of my thread hope you can help xx

[stardust_john]

Does the father of your babies pay any child maintenance to the csa?
I'll be honest there are cases on this site where people have been accused including close to me of a similar situation and its heart rendering when you realise how hard they have just tried to survive, when its obvious they have done nothing wrong. Often even after pleading their cases they are found guilty and desperate to prove otherwise and labeled as benefit cheats. In case closer to me it was obviously maliscious information that caused the trouble and that was soon resolved by the dwp and a case closed with innocent rightly added, however the stress of doing so was unbelievable. It is not always the case that even genuine accused get that innocent recodnition and dam hard to prove it feels for the innocent.
I'll be honest and you have a right to have a partner who is as you say father to the children, babies. You have a right to spend a certain amount of time together. But your relationship seems so entwined financially, shared accounts and obvious amount of time speant together, as you say you want to work hard to be one and finances are restrainig that. I feel you are as good as living together and probably seen as that by the dwp.
Being on benefits for the genuine needy is not purely a convinience but a necessity and if you want your relationship to flourish, you would gain more help and respect from dwp and yourselves by living together legally. You would surely be entitled to working tax credit, still housing benefit depending on partners income, you say appretiship ends soon. Unless your partner is paying for the upkeep of his babies in some way legally via csa or agreed reg payments to you, then I feel you should do the right thing and get together.
Apologies if you dont like what Ive written, but you need to face up to what your interview is going to ask and you might not like the outcome, so be prepared.
PS. Its lovely to hear you are so in love and good luck with the baby, your partner support will get you through it.

[gizmo111]

Explain the facts at the interview on Thursday and you should be OK.
What eveidence or suspicion do they have that you are living together?

Have a look at Start Calculation to see what benefits you can claim, if your boyfriend moves in with you now, and in September when he is earning more and you have another child.

[bethan6583]

hi, thanks for your reply. i dont know what evidence they have. ive just had a letter saying i have to go in for interview. im so worried. i see what your saying john about us being too financially intwined but we dont actually share ANY money. the only thing is the joint bank account but we only got that in the first place in preperation for living together, not to share money. all of his money goes on his bills and his rent at home and all of mine (i say all, i hardly get any) goes on shopping and gas, electric etc and i bearly have enough left to put petrol in to run the kids to school. im so worried because either way now were being forced to live together and im going to lose everything ive struggled for over the years for my children.having said that i would much rather live in a cardboard box and have my family together. do they stop your benefits while investigating you? surely they cant leave you to lose your home and for whole families to become homeless due to assumption or hearsay!?!?! not of it seems fare. they dont exactly make it easy for you to live together anyway. im so hurt because all i want is my family together but still be able to survive!
thanks for your help anyway x

[scampjet]

I you are claiming single parent benefit, perhaps this is the reason for the interview. Or if you are claiming for your partners children also and he is in contact/contributing to their upkeep. It would seem that someone has taken exception to your partner being there so often. I can see how it may appear to the outside world though. If you can prove what you say, there should be no problem. The only thing is that your partner is present for most of the week and the DWP may well see this as not being a single parent as he is clearly a parent to one of the children.

[bethan6583]

hi thanks for reply. he doesnt contribute towards their upkeep, i dont have a penny off him. the only reason why hes here so often is because he literally lives 5 mins away and because i need the help as i have

[bethan6583]

sorry my daughter pressed the botton lol... as i was saying, i need the help as i have a 10 month old and im 32 weeks pregnant so he comes after work to help and goes home late, then comes before work again. so hes not actually here through the week apart from mornings and nights, then he stays weekends. he lives with his parents and eats and sleeps there... thanks for help x

[bethan6583]

also after all this we have said that we would live together now but if we do it now then ill be looked at as guilty and theyll think we were doing it all along... so now i just dont know what to do

[scampjet]

I know where you are coming from and I hope you do not feel that I am against you in this, I am not and i've been there myself..only as a single dad.

This is why I feel qualified to comment and would,nt do so otherwise!

My case was a long time ago ( my eldest was 5 and now he's 26). the perception though is the same. (I am still assuming that single parent benefit is the issue) While my girlfriend (now my wife + 2 more children) who lived a considerable distance away stayed with me and was helping me cope, I was not a single parent! I know how you feel... but that is how it will be percieved.

[Esio Trot]

Firstly, on a general note, I would question the usefulness of the joint account you have opened. I would suggest that you both keep separate accounts. The reason for this is that a joint account is at the heart of many an argument between couples - where one has taken money out and forgotten either to tell the other, or forgotten about it altogether, and the other was banking on that money to cover xyz. Much better to have separate accounts and agree who will be paying what. For example, one could agree to pay all the utilities, with the other agreeing to set up a standing order of a fixed amount to contribute.

Next: the interview.

Prepare for this. Write down in bullet point order information about your accounts, who pays bills and how, the number of nights he stays (it is important that the average is no more than 3 - as this is classed as a visitor. Staying 4 nights counts as being a joint occupier - which will give you big problems. )

At the interview stay calm - you are entitled to have a friend/relation with you for support. It is their interview on their premises at a time of their choosing - thus they are in the position of power. Do not rush any answer. They should ask one question at a time - if not ask them which question they want answered.

If it is an Interview under Caution then there are strict rules they have to follow. They firstly have to caution you ("You are not obliged to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court"). They then normally ask you if you understand. Unless you fully understand the implications of being under caution, then tell them you have never been cautioned before and say you don't fully understand the implications of being under caution. They will then have to tell you more about your rights and responsibilities. Remember, if you get upset and feel you need a break, they have to allow this. Also, you will not be under arrest (ask them if you want to be sure) so you can leave at any point.

Recorded or written. If the interview under caution is taped, it can move at a fairly quick pace - if you allow it - which doesn't give much thinking time. Ensure there are pauses, and think about each answer. If you don't fully understand the question ask them to repeat it or say it in another way. Keep your answers as short as possible. If possible, keep notes on what you have said to remind yourself. If the interview under caution is being written down it goes at a much slower pace, which gives you time to think. Answer each question as fully as possible and make sure they write down exactly what you say (it's the opposite to being recorded).

[Rooster-UK]

Excellent advice from Esio.
If your partner is only there at the weekend and your finances are seperate, then hopefully you will be OK.

Probably whats happened is a nosey neighbour has seen him going to your house and as he stays until late, not seen him leave. The as he comes early in the morning, they've not seen him until he leaves your house to go to work. They have then assumed that he's been there all night.

Good luck with this. Pleae keep us informed on your progress.

Regards, Rooster.

[bethan6583]

hi, thanks for all of your help. i cant tell you how worried i am, i have been crying for the last few hours and cant stop thinking about it. the worst thing is i know were not living together yet i know that they can point at things saying we are. sometimes i can think positive and think "youve done nothing wrong so dont worry" and other times i just break doen and think how bad its going to be when my rent will be stopped and my poor children lose their home and then theres the fact im having a baby in 6-7 weeks and i dont know where im going to be, in a house or homeless. im so scared, its just so unfair, all ive been trying to do is keep my family as close as possible untill we can all be together. im absolutely devistated. thank you all for your help, your all very nice and understanding xx

[Rooster-UK]

Follow Esio's advice and think positive. Find a friend or relative that can go with you for moral support.
And don't assume that you are going to lose.
If they'd got all the answers then they would either charge you or let it go. They obviously have some info, right or wrong, which is not conclusive.
This interview will basically be for you to give your side of the story and show them that their info is wrong.
Remember that apart from the friend or relative that you take with you, there are over 181,000 CAG users that are on your side.

Chin up.
Rooster.

[x_miss_lori_x]

Hi, I too have to attend an interview under caution with them and was in a complete state. As the girl is on holiday they told me it wont be for a month. I told them I suffered mental health issues and that this would worry me. They shrugged their shoulders and left. When I composed myself I went to an Advocacy Centre, who made a verbal complaint on my behalf, followed by a formal written complaint. Next day a courier hand delivered my letter with the date of 18th July. Yes I am nervous but they bullied me etc and made me feel like a criminal and I am now feeling stronger about it. They responded to my letter saying no one had intimidated me etc and my allegations were untrue. They do not know that my 21yr old daughter was outside living room door and heard it all. I had been off work long term and went back phased return 12hrs a wk and bottom line they are doing all this because I owe council tax £37.50 which I had offered immediately to pay. They are bullies and this treatment should not be allowed. Please get an Advocate to go with you and a friend or family member for support. Try not to worry too much as you are heavily pregnant. It's a disgrace. The info from Esio is spot on. Good Luck and take care. It will all work out.

[Millennia]

I am going through EXACTLY the same thing (read my threads). Get as much together as you can because you dont stand a cat in hells chance. They (the DWP) have no evidence against me, my partner is not even the biological father to my babies (although he did sign the birth certs) yet they are taking me to trial! I have lost my home, have debts, ruined my reputation, and now even my 2nd home is at threat. I have been ill with worry, lost my milk after my 5mth old was born and even emigrated and they still pursue me. I am innocent, but they want my blood! My relationship with my b/f has now come to an end as we couldnt cope with the stress. I loved him so much, my babies have lost their dad, because we rowed all the time after this.. What more do they want??

Its not about the number of nights he is with you, its about him paying rent somewhere, bank accounts, children.. I could send you all sorts of paperwork to refer too if I knew ur email. If you can PM me I will send u some notes that the DWP use to determine whats what.

Good Luck