Had Benefit Fraud Interview Under Caution - What Now?

[0405453a]

Hi all,

I’m new to this forum, I found it when searching on Google but have seen already that is very useful and friendly.

My mum had a benefit fraud interview under caution almost 6 weeks ago. She is in receipt of income support and housing benefit. My dad and she separated 2 years ago in August due to his debts and since then she has had these benefits.

The letter just said they couldn't give us any details and that we should attend, put our side of the story to them etc. We suspected it was probably since over the past few months my dad had been visiting a lot more to help look after my younger brother who is disabled and whose health and behaviour has deteriorated over the past few months with my mum been unable to cope, being unwell herself with early arthritis and she has recently been diagnosed with a tissue disorder.

We did seek legal advice and the lawyer told us that since it was under caution, we should say nothing so we do not incriminate ourselves and we got a second opinion from another lawyer who said that although he wasn't a criminal lawyer, criminal lawyers tell them that clients should say nothing under caution.

This is what we went with at the interview, only recent have I come across all the information on preparation and what to say etc on this forum and the CLA website, so now I am not sure what we did was correct.

Anyway, at the interview they did say we have sources telling us my father was at the house, which obviously isn't allowed, to which I did want to say yes he has been more than normal but during the day only, however we just said no comment. Also my dad's letters still come to our house because he himself is a mess right now and has no residence of his own and is always moving. Indeed, they showed two letters for applications for insurance for his car and a credit card.

The interview was almost 6 weeks ago and we have heard nothing, I just want this all over and I feel so angry and confused because my mum has done nothing wrong. My mums the kind of person that gets scared by the smallest thing and she was crying non-stop for the first 2 weeks when we got the letter and now is always worried and anxious.

Sorry, I guess I have rambled but I wanted to ask how long should the investigation take after the interview as I just want this over and would it be appropriate for me to contact someone to say that I want this over and who exactly (DWP, Jobcentre?)

Also, I have read other posts and people have mentioned the Freedom of Information Act to request information from them, do you think there is any point in me requesting anything if it may help us, but I don't want to agitate them.

Also some advice for people who are going for an interview. Beware, they will try and act quite friendly at the beginning and say "this is your chance to get your story across" but really they have a gameplan and it is very easy to incriminate yourself from what I could observe.

If you don't do what they want they can get really annoyed but stick to your guns, the guy asked my mum if she was in receipt of benefits and my mum answered 'no comment' and he said your benefits may be stopped if you don't confirm which apparently they are not supposed to do. They also try and twist your words and re-word questions differently to confuse you. It also appeared to me they don't care if you don't understand something properly they just want the answer they are looking for - again something which is wrong.

Anyway, my ramble is over, I hope it isn't too incoherent and someone could please help me.

Thanks

[shywazz]

If your mother has nothing to hide then she should'nt be worrying over things, okay the dad visits during the day to take care of the younger son, which maybe one of the neighbours has picked up on, and sadly reported your mother, most likely the benefits people are keeping an eye on your mams address, especailly at night time, to see when ur dad comes and goes, as long as he isn't staying over night on more than two occassions ( i think thats the limit ) and not paying anything into the house, then i see no reason to be worried, i would have thought if the benefits dept had anything to go on, there would have stopped ur mothers benefits by now, as for letting the dad try obtain insurance and credit at your mothers address, why ? if he's not living there then the insurance would be void and any credit appilications would be deemed as fraud.... if he has no address at the moment, he can obtain a PO Box for any letters to be sent to him, which would rule out any chance of getting credit... As for your mam, tell her not to worry over matters, if she wants to make contact with the benefits dept, then that is her choice, but i'd leave them to it, i'm sure there be in touch when there are ready, I'm sure others will come to ur aid, just thought i'd try put ur mind at rest, what i've said are my thoughts and are not indeed meant to mis guide....

[Billyhunt]

As Shywazz has rightly said, its important that your dad has not contributed to the household bills. You say he does not have anywhere else to live at the moment but can he provide an address where he sleeps? Evan better if he can show some form of proof that he pays bills elsewhere. Is he registered for benefit, jobseekers for example? If so what address has he provided. If he is receiving benefit payments and is listed at another address, this may help.

It should not be a problem for him coming over to look after your brother and your mum is free to have anyone she wants into her home. Has her benefit been suspended since the interview? If not, then just sit tight and see if anything comes from the investigation as they may well be sastisfied that he is not living there. In lots of cases, they suspend benefit payments while they investigate so if they haven't so far, it might suggest that they have very little evidence except an accusing neighbour.

Good luck

Billy

[sweetnsexyenglish]

Hi, I have currently been through an investigation and have another appointment booked to see them for a second one next week, speaking from experience I would say as your mother has done nothing wrong she should try to keep calm as it is a stressful enough process that can take some time while they dig to find evidence to incriminate you, sounds bad I know but I can only tell you from what I have been through.

My benefit was stopped 7th April and up until last week not one of the investigating officers bothered contacting me I wont bore you with the details other than to add a link to mine so you can have a read and get some ideas of dealing with it.

Housing have issued Notice of Seeking Possession...Serious Benefits Problems Any Advice Will be APRECIATED

Have they stopped your mother's benefits or is she still getting it? Watch the time scale yourself and call them from time to time, if your mother is still getting her money leave em to it, I'd say knock your self out. However if they have or do stop her money then keep on top of things as you dont want rent arrears etc as DWP are not bothered if you lose your home in the process. If you find that you are getting into difficulty due to stoppage of monies DO NOT sit and suffer, start complaining and below I have put some sites to whom you can make your complaints to.

Local Government Ombudsman - Complaint Form

Parliamentary and Health Service Ombudsman - home

The Independent Case Examiner Website - Home Page

Good Luck

[0405453a]

Thanks guys for your help.

Yeah like i said we've got nothing to hide so thats why i'm fairly relaxed but my mum is a worrier so its more difficult for her. She is still getting her benefits, they haven't stopped them.

I guess i will sit tight and see what happens - just want them to conclude their investigation so we can get on with things. When we went to the interview we gave them my dad's current address, he is living with someone a friend i think (my contact with him has been almost non-existent for the past 2 years, with the exception of a few times since he has started coming over more often the previous 3 months.) He gets some mail delivered there but some still comes to ours as i said.

About 2 weeks ago my mum also received a Housing Benefit Review from the Local authority which she also had last year anyway. However, last year it was just a long form she filled in and sent off in the post, this time 2 officers actually visited the house which i think is quite uncommon?

Do you think the 2 are linked and perhaps they are trying to find holes because they are unable to find anything against us (maybe because there isnt! lol).

Also sweetnsexy, i really sympathise with your situation, it must take a lot to get through all that and i hope your interview goes well

[emmaf01]

It sounds like someone in your mother's neighbourhood has made a malicious allegation to the benefit fraud hotline. It is horrible, but it happens. There are some nasty trouble causing people out there.

If you mother's benefits haven't been stopped, then continue on doing nothing wrong. Try keeping notes of you father's comings and goings, gather your own evidence of no wrongdoing. Ask your father to try to get any mail to go elsewhere. And just in case, try to find a local solicitor who deals with alleged benefit fraud. You probably won't need them but it pays to be prepared.

Good luck.

[sweetnsexyenglish]

Thank you 0405453a And I would say the officers are hoping to catch you out....I dont think they like the truth much lol and since my own experiences its amazin how many people are going through this, I feel they are trying to cut back probably because of this whole credit crunch/inflation thing and just a question, these malicious reporters...do they get paid on a person being proved guilty as why are so many people being nosey and informing on their neighbour....rightly or wrongly their are some hateful people out there.

[cookinmama]

Hiya...I myself am going through the same thing. I was called in for an I.U.C after some lovely person alleged my ex-partner and I were living together as husband or wife/civil partners. Now I know I am bound to say this but I genuinely don't live with my ex or any other man for that matter, I live alone with my four children. I sought legal advice before attending because the Community Legal Advice helpline said I should and that they advise everyone in this situation to do the same. The soilcitor was very helpful and basically said not to comment on questions I didn't feel comfortable asking. I genuinely felt confident enough to go in there all guns blazing knowing full well my partner had his own flat with plenty of mail and evidence to prove it. Anyway when I got there I had my last 12 months bank statements laid out for me to see with certain amounts highlighted. Now I can't remember what went in my bank last week nevermind a year ago...I remembered a few but a couple I was unsure of and my mind just went blank. I had been given some money by my father who gave me and my brother some money last year from a bonus he received at work (he has a decent job, mortgage paid for, lives alone) and I paid some of mine into my BA to pay some bills and I took the kids on a day out with the rest of it...never thought of telling the DWP it was a one off gift not an earning or regular income. I also let my ex partner who cannot have a bank account set up a vehicle insurance policy direct debit on a monthly basis. He gave me the money each month and that was over a 10 month period. At Christmas he landed himself a part time job, lasted 3 months. He had to supply the employers with bank details which of course he didn't have so I suggested he use mine...from my bank statements you can quite clearly see that I accepted some of this money and there are maestro transactions in toy stores etc. Now yes I know what it looks like but it was completely honest...all be it very naive/stupid on my part but I had done it so I told the Interviewer everything...but I would not admit to the allegation made that we are civil partners because we are so not. I do not cook clean or wash for him and I don't see him other then when he has contact with the kids. Anyway the interview concluded and I heard nothing for 10 weeks. No letters or phonecalls asking me to back up where some of the amounts had come from, I stated two of them were from a personal loan company, a cheque from BT because I was at the time in credit with them (they had been taking too much by DD) again the cash from my dad and one amount was from my friend who bought my entire collection of nursery items, pram, cot, baby alarm you name it...she snapped it up! 10 weeks to the day of my I.U.C I had a letter off the DWP Central Debt Agency telling me based on the evidence I supplied in the I.U.C it had been decided by the Decision maker both myself and my ex partner were living together as civil partners!!!!!!!!!! No contact with my ex, no knock on the door of his flat absolutely nothing but undisclosed amounts of around a £1000 (over a 12 month period) my benefits were suspended and I have a month to appeal. MY HB and CTB have also been stopped and I have to reapply, why do I have to reapply when my circumstances haven't changed could this not have been resolved with an overpayments decision instead of causing such turmoil? I have been for the last 2 weeks living on £52 a week Child Benefit. I have had to cancel all SO and DD's. It has been my worst nightmare. All I can say is take it one day at a time seek the advice of Welfare rights at your local council, take any legal help thats offered and keep a log of who you speak to and when, also keep copies of every letter you send them. I have found out the hard way that they really will make a mountain out of a molehill!!! If your mum is on the old system of IS she can apply for child tax credits, it's paid directly to the mother of children under 16 and is not decided by the DWP. It isn't anything to do with them. You can call them on 0845 300 3900 I am awaiting a pack now so I should have my claim go through within a couple of weeks. I really feel for your mum, yes the BA have a duty to wipe out the fraud but I feel a lot of innocent people get caught up in it all. My letter also states that although they are not fraud investigators there is a possibility that they will want to talk to me more and a criminal investigation may follow. This worried me more than anything as I have applied for jobs over the last few weeks. My yongest will be in full time education come September and I am desperate to get back to work, nevermind for financial reasons more for my own sanity! How am I going to get back to work with a conviction of fraud? No matter what type of fraud it is it's still fraud and it will be a mark against my name for many years to come! An added bit of info is the BA don't even allow a one night stay over with a partner as they class that as being in a "civil partnership". I was always under the impression you could have someone stay over 3 nights but the fraud investigator who interviewed me said it was looked upon suspiciously unless it was a family member. Your mum should stand her ground and fight them all the way again taking every bit of advice and help offered along the way...I really really hope things work out for you and your mum is ok...it is the most stressful thing I have ever come up across in my whole life and I feel like it's neverending...

[emmaf01]

Cookinmama, it would be a good idea to start your own thread about problems with the DWP if you would like any help or advise, as then people can give advice fully focussed on your particular case.

You obviously need support and everyone would love to help if we can.

[cookinmama]

Hiya...just had a successful crisis loan application off to get it now...I can also apply for jobseekers allowance on top of tax credits so i'll be no worse off when it's sorted but the hassle and the worry is just so overwhelming, I haven't stopped with phonecalls/letters over the last few days...but I'll get there in the end! Thanks Emma but I think at the mo I am doing the right thing! Dealt with a lovely DWP lady today who has told me I am doing everything I possibly can...xxx

[0405453a]

Hi cookinmama,

i feel much sympathy for you and hope everything has worked/will work out for you. How have you been since you posted? I presume you appealed how has that went so far?

As for us, the situation is the same, its been almost 11 weeks now yet we have heard no word. Fortunately, we are ok for money as they haven't stopped any of my mum's benefits but she is still anxious (although much less now thankfully) since she's never been close to any crime in her life.

I am considering making a complaint over the length of time they are taking - do you guys think it would be worthwhile? Also if i wanted to who would i complain to? Would it be Jobcentre Plus in general, the fraud investigator at the JobCentre branch, the local authority, Local Government Ombudsman?

[cookinmama]

Hiya...I had my money suspended 10 weeks after the interview and was notified by letter, not even a phonecall from them. I am currently dealing with it through the CAB and had an appointment today to sign all the relevant paperwork...thats basically giving them permission to deal with the DWP on my behalf. I did last Thurs receive a letter from the Jobcentre agreeing to backdate my JSA. If your mums money is suspended (I really hope it's not) put a claim in for Job seekers allowance, no matter what any idiot at the DWP tells you, you can clam JSA while an appeal is going through and Child Tax Credits for any children under 16, this is paid to you by HM Customs and they are on the ball...a million times better than the Jobcentre!!!. I went through hell and back with them to get the JSA backdated I really could be here typing all night telling you about the incompetence of the people who work at the jobcentre. As for my appeal it's all been logged and I am just waiting for a decision. At the moment it's going through a reconsideration process...which roughly means a group of people are re-examining whatever evidence they have and deciding if they have enough to prove I was living together as husband and wife. The CAB worker said he is dealing with a number of these cases at the moment and if they have the slightest bit of evidence to prove an overpayment they will push it as far as they can. As of yet they have not contacted my ex or visited his property, not even a phonecall. The CAB have been fantastic so if you do have any problems I can't stress the importance of contacting them, they really are a godsend...!!! I am just sitting and waiting now...I signed on for the first time last week and the whiole experience was just soul destroying...grown men with cider bottles in their back pockets being told off for smoking by security guards...!!! I just wanted to cry...!!! I have had 2 job interviews though so fingers crossed I will get something pretty soon! I don't mind what I just want to get back to work and as far away from the DWP as possible...I just feel I have been treated like a criminal with no real evidence to prove I have ever done anything wrong...!!! I hope your mum is ok...if you have any questions just ask as I have found out quite a bit of info over the last few weeks...you have to find it out for yourself because no one at the DWP will volunteer any info whatsoever, they basically don't give a s***. Sounds harsh but it's true...!!! Contact me if I can help you in anyway I will...I really do understand what you are going through...x

[0405453a]

Hi,

Does anyone know who i should complain to about the length of the investigation and the lack of feedback?

[cookinmama]

Hiya,

CAB will tell you they can take up to 6 months for an appeal!!!

You just have to sit tight I'm afraid. They are under strict guidelines of what they can and can't do. They do have time limits for investigations but it can go on for quite some time. If your mum is worried I suggest you go to the CAB, they can help to put your mind at rest...at the mo they are probably still deciding what to do and how far they can go with your mum's case. The CAB Advisor told me at my last app that he is dealing with a dozen or so similar cases. So it's basically when they decide to get back to you. I know it's stressful but until they write to you or stop your mum's benefits there really isn't much you can do but sit and wait. x

[mcnobby2002]

just had my benefit fraud interview. only one person there. interview lasted 30 mins. they had all my bank statements sitting there. there were several large deposits from an american company and i explained to them that this was money that i had earned before i came back to the uk and was only now bieng paid back. so, any idea as to what's likely to happen now? the interviewer said they will look into it and get back to me.