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survivor_13
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The person that makes the claim is ultimately responsible, but a partner has the same responsibility.

 

Do you wish to explain more as only sketchy information has been posted..

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I accompanied my friend to a compliance review, firstly she hadn't received a letter regarding this and secondly she

got a text the day before reminding her of an appointment. Hence due to no prior notice we had arranged to meet on that day so I went along.

 

The compliance officer was cordial and ask whether her partner was actively looking for work etc. She asked if she was aware of

any work done voluntary or paid. She was unaware of any except for a training course and homestudy. She then mentioned a Company Name

that had allegedly flagged up she was unaware but advised she would speak to partner.

 

My concern was even though my friend advised she would get her partner to go in to discuss the matter as it concerned him the lady flatly refused stating

she wouldn't or couldn't as he is not the main claimant and it is her responsibility to report change. My question is if she is unawares how can she

and why is the responsibility solely down to her.

 

She conversed with her partner and sent a letter to say he will come in however the lady has rung twice and requested that she either phones with the

information or comes in.

 

VERY CONFUSING.

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Hi All,

 

After providing a full explanation to the situation I still await a response. My friend has now made contact via phone due to constant calls and a request has been made to provide documentation. I still await advice/help from the forum. IS ANYONE AVAILABLE TO HELP!!!

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As your friend is the one claiming and receiving payments I would imagine that they couldn't discuss the claim with her partner. Can't they go in together?

 

I've requested someone more knowledgable looks at this for you.

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The main claimant is responsible for reporting changes - she is the one who signs the claim form (or agrees to the declaration online or on the phone, if that's how the claim was made). Part of making a claim is agreeing to report changes promptly. In most cases they'd also accept a change of circumstances report from the partner, but in the end it's down to her to make sure all information that the DWP has is correct.

 

Now, I agree that this seems a little harsh on your friend since her partner had not told her what he was up to so she didn't know that there was anything to report. If I were her I'd be extremely grumpy with my partner over this. I'd certainly want to make sure that she knows exactly what he's up to in terms of working and so on.

 

On the plus side, the fact that it was the Compliance people dealing with this would suggest that they're not treating it as a serious fraud matter. I agree with Caro here - he should go in with her to provide whatever documentation is needed and explain the situation.

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The main claimant, ie yr friend is responsible for reporting any changes. She could make an appt and go in with her partner to clear things up.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Please do. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi All,

 

Appt was cancelled on the 11th and the compliance officer was called and advised. This was due to ongoing hospital appts and my friend is now scheduled for surgery in January. The compliance officer advised the information could be given over the phone however my friend was against doing this. On Christmas Eve a letter was received stating " A doubt has arisen about your continued entitlement. You have not supplied information requested as a result I have suspended your payment of benefit.

 

She is quite worried as with her impending surgery the last thing she wants to worry about is finances. She has decided to terminate her claim on Monday 4th January 2016 as while she is going through this period in her life she doesn't want the added unnecessary stress. I have advised her against doing this.

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I'm afraid this is unlikely to stop the compliance people investigating if they believe there has been an overpayment. The sooner she faces up to the problem and deals with it the better. If she doesn't cooperate and give her side of events they may draw their own conclusions from the evidence they have, bearing in mind they can access bank statements. The stress will get worse the longer she leaves it. Much better to tackle it before she has surgery so she can concentrate on her recovery.

 

It's much better to know what you're dealing with than worry about what it might be. Please encourage her to see them ASAP.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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As Caro says, closing her claim will not stop any investigation - it will just lose her money and make her life more difficult in the long run.

 

Since it's the Compliance team that are looking at this, it's not all that likely that they're interested in a criminal fraud case. So the most likely outcome is that they'll work out any overpayment and deduct it from future benefit payments. But she must make every effort to supply the information they're asking for as soon as possible.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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IMHO not dealing with it is more likely to set off alarm bells which is why it's important to deal with ASAP.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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IMHO not dealing with it is more likely to set off alarm bells which is why it's important to deal with ASAP.

 

Agree 100%.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Thanks for your frank advice I'll pass it on and hope for the best.

 

S13

 

No point beating about the bush. I hope your friend listens. Let us know how you get on.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I can only echo what others have said. Withdrawing her claim just would cause them to wonder what else she has to hide.

 

What information has she been asked to supply? Why is she so worried about providing it? It's not a criminal investigation so the worst case scenario is having to repay & possibly a £50 penalty.

Please do not ask me for advice via PM as I will not reply.

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