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Housing Benefit - Interview Under Caution


sjarvis
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I wander if anyone can advise.

 

I was on housing benefit from September of 2009 to April 2010. Prior to this period I rented my flat, on which the housing benefit was paid and I also rented a small studio next door for extra space.

 

I received a called from my Landlords saying that they had been asked by the housing benefit office to provide details for the studio.

 

At the time I applied for housing benefit on my main flat I also gave formal notice on the studio as I need to get rid of the additional expense as I was already in rent arrears on both flats. As I stated before the studio was additional space, I never lived there or even stayed a night and electoral register shows that my main home has been my main flat. I did not inform housing benefit of the studio flat because it was not my home and I issued notification to end the tenancy.

 

I then received a letter from housing benefit asking me to attend an interview under caution, stating that they believe that I had a change in circumstances whilst claiming housing and council tax benefit. They gave no further information.

 

I wandering if anyone knows what information you are entitled to receive prior to attending an interview, because the only reason I believe that it is to do with the studio flat is because my landlords contacted me and I still know why this would create a requirement to attend an interview.

 

Also should I attend with solicitor, what is the advantage of doing so.

 

The only other reason I can think it will be is because when I signed off at the job centre I was informed that I did not need to do anything else that there systems would send details through to housing benefit to cease payment. I then received a letter from housing benefit a month later telling me they have reason to belief that my housing benefit should be suspended. I responded that it should because I had signed off, so I don't know if this is to do with an over payment, however, payments went straight to my landlord and not to me.

 

Sorry this is babble but I really do know what this is regarding and it seems wrong not to be able to prepare any kind of defense before you go to an interview under caution.

 

Please advise, should I not go but request more information, should I go and say nothing and then I will at least know what it is about, should I go with a solicitor?

 

I would be really grateful if you could help because I am really worried about this because I can not work out what it is about and therefore have no idea what I am expecting.

 

Thanks in advance for your help

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Hello and Welcome,

 

I'll move this thread to the appropriate Forum, I'm sure you'll get help in there.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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I've lost count of the numerous times that I've said in the forums:

Never rely on JCP to tell the council anything. (Except if, in doing so, they can cause you grief).

The onus to inform the council of a "change of circumstances" falls personally upon the claimant.

 

I expect that the IUC will be for failing to tell the council YOURSELF (i.e. they were never told) that you had stopped being on JSA. I could be wrong, but somehow I don't think the Studio is relevant.

You're probably in for a telling-off and have to repay a few weeks "overpayment of HB.

 

Good luck and best regards,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Paul

 

Thanks for the response, this is first time in twenty years of working that I have ever claimed benefit and have no idea how the systems works and when someone tells you something you have believe them when you have no reference point.

 

However, I am still a little confused about the studio because I don't understand why they are asking my landlords about it.

 

Again, do I have right to more information about what they believe these change of circumstances to be before I attend the interview?

 

Thanks again

 

Sarah

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How long were you on benefit for? If you were in receipt of Jobseeker's Allowance, Income Support or income-related Employment & Support Allowance or a combination of these benefits continuously for at least 26 weeks and came off benefits because you took a job that was going to last 5 weeks or more you should have been entitled to a Housing Benefit run-on for an additional 4 weeks. If this is the case then the IUC must relate to the studio. If you take a solicitor with you they will speak to the investigator(s) first and ask for disclosure. You will then have the opportunity to speak in private with the solicitor before deciding whether or not to proceed with the IUC.

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Paul

 

Thanks for the response, this is first time in twenty years of working that I have ever claimed benefit and have no idea how the systems works and when someone tells you something you have believe them when you have no reference point.

I've also lost count of the first time JSA claimants who've filled in and returned to JCP the H.B./C.T.B. forms which come in the jobseekers information folder they give out only to wait in vain for Housing Benefit which never comes, then have to make a new HB claim from scratch with their hopes of a back-date left to the mercy of the council who can, and frequently will, refuse.

 

However, I am still a little confused about the studio because I don't understand why they are asking my landlords about it.

You should have had a separate tenancy agreement or rent book for each let to prove that the HB wasn't going towards renting the studio as well as the flat, suspicions could be aroused if you didn't do this.

 

Again, do I have right to more information about what they believe these change of circumstances to be before I attend the interview?

The letter which you have received from the council may be an "invitation" or "request", rather than a "demand" to attend. You can write to them asking for more information before you attend in order that you have a chance to prepare a defence, e.g. bringing exonerating evidence. You could contact your CAB and see if you can have an adviser with you because natural justice demands that you shouldn't have to subject yourself to an interrogation without understanding your rights to a fair hearing.

 

Thanks again

 

Sarah

Regards,

Paul.

  • Haha 1

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Thank you, I was on benefit for over 26 weeks.

 

I am still unsure as to why the studio would even be a factor, but will seek the services of a solicitor.

 

Thanks

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Thank you, not really able to determine if it is an invitation or request the letter says "I have arranged for you to attend an interview on **** date", but that could worded that way because I spoke to the investigator on phone to try understand what this was about and of course they would not tell me.

 

I will speak to CAB and also send a letter to try establish more detail and perhaps postpone the meeting.

 

Thanks

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The only way you will get disclosure is if a solicitor attends with you. If you read the letter and accompanying leaflet/info it will state that the investigator is unable to discuss the nature of the allegation with you prior to the interview. Postpone the IUC by all means but I suggest you make it clear this is to give you the opportunity to obtain legal advice and not because you are being difficult or evasive.

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Thanks for the response, and my letter and accompanying information does mention anywhere that they are unable to discuss the allegation prior to the interview, maybe they have screw up here?

 

It is a good point with regards to not being evasive and being helpful.

 

Thanks

Edited by sjarvis
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  • 2 weeks later...

Council Investigators in some instances don't like Disclosure as their attitude is " if we gave too much disclosure , it'll be no comment to everything " .

 

Even with a Solicitor you won't get much disclosure , just the basic jist so you and your solicitor can plan a line of defence .

 

You have to make something of seeing CAB or a Solicitor as there is a danger that they'll try and twist things that you were buying time to plot a defence .

 

Basically it boils down to them having you on their territory and not knowing the rules of the game which they've had a lot of practice at .

 

One suggestion would be to run your defence past a Solicitor , he or she will play devil's advocate on it and be brutal about it to be cruel to be kind .

 

 

I'd make something of the complexity and repetitive questioning in forms but show some contrition too .

 

What they're after is for you to admit that you knowingly , wilfully or dishonestly failed to disclose .

 

You have to be careful about " innocent " questioning and closed questions .

 

Interesting Blog http://benefitfraud.blogspot.com/ However I found out that the author is Purple Scorpion on the English Democracy Forum - basically it's BNP Members , UKIP etc and there's a few that post on Stormfront too . I agree there's some right chancers though . Most of the people on here are poor beggars that have been scared to death .

Edited by Bustard
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