Accused of Council Tax Benefit Fraud - Please Help!

[podperson]

Hi all, I am quite new to this forum but really need some advice.
I have recently received a letter from my local council saying that they are investigating me for Council Tax Benefit Fraud and I need to attend an interview under caution for them to question me about it.
I was on Council Tax Benefit for a few months at the start of the year when I was unemployed but came off it over 2 months ago when I started working full-time.
They gave me less than a weeks notice for the interview so I wrote and advised that I couldn't get time off work at that short notice and could they please let me know what it was meant to be about as I will lose money if I do have to take time off and it might be something that I could resolve by post or over the phone.
They have refused to give me any details saying that it is regarding a "change of circumstance" on my claim and that as they are wanting to interview me under caution they won't give me any further information until then.
Does anyone know if they have a right to do this? Surely I have a right to know what it is that I am being accused of? Also they have advised me to get legal counsel but I don't have any money for this.
I am really worried because I think it may be regarding a few weeks temping work I did that I didn't declare. I know that this was stupid but it had taken me months to get the claim sorted out, I had to reapply twice because they made mistakes on my applications and I really didn't want to go through that again until I had something that was going to last longer than a week. Also I was over £700 in debt on my mortgage due to not being able to meet my payments while I was unemployed and they were threatening to repossess my house so all the money I got from that just got given straight to my mortgage company to try and stop them pressing for court action.
I really need some advice on this, should I just admit to this straight away or wait and see if they actually have any proof of it? Also what can they actually do to me, the letter was threatening court action and a possible jail sentence so I am really panicking. I have never done anything illegal before but I was in so much trouble finacially at the time that it was just easier to bury my head in the sand so to speak. Please, please help!

[emmaf01]

Go to a solicitor who specialises in benefit fraud (don't be scared, it just means they are a specialist). You may be able to get legal aid.

If you were asked to attend a police station because you were suspected of murder you would get proper legal advice- this is the same. Better that you seek advice now than wish you had later.

Other than that, good luck. But please get professional advice.

[Esio Trot]

To attend an Interview under Caution is a voluntary matter. For you to attend would cost you money, so I would write to them along these lines and say that you cannot afford to lose money.

The purpose of the interview is to establish either intent or knowledge that you should have declared the change in circumstances. It is highly unlikely that court action will ensue unless the above is established.

Wait for their reply.

If they insist on an interview, offer to have it at your house on a Saturday or Sunday when you are not at work, or even an evening (when on your premises, the position of power is different - so they normally like to do the interview on their premises at a time of their choosing).

AFAIK, not attending is not an arrestable offence.

Obviously though, if you claim benefit again they will want to pursue this further.

[podperson]

Thank you both for the advice.
I wasn't actually aware that it was a voluntary interview, they certainly don't make it out like that on the letters I really don't want to attend at all but am a bit worried that they may see this as an admission of guilt and try and take it further. I think I will write and say that I don't want to lose money taking the time off work and see what they come back with.