i took myself off incapacity in october 2010 as i started my own business. i called the local office and explained what i was about to do as regards self employment, the woman at the DWp said i was still entitled to the incapacity for a set time. not knowing the benefit system, i took her word for it. in september 2011 the money stopped and i heard nothing off them so i just assumed that was that. i then received a letter from them in october 2011 stating they were paying me a "debt recovery REFUND" ?? then nothing again till 5th January 2012 i received a letter (which was sent to my old address and re-directed) stating that i was under investigation for fraud and needed to attend an office in my area to be questioned under caution. i called them up and spoke to the person who's name was on the letter. i explained the situation to him and he just laughed at me and said "i must attend or i will be arrested"? he told me my claim was not stopped it was just suspended(?) so therefore i was committing fraud. with hind site i should have questioned why i was still entitled to the incapacity benefit for an undisclosed period but you do put trust in these people to give you the correct information and like i said "i don't know the benefit system" i have an appointment with CAB next week and i will be putting it them that this is entrapment and in my opinion i was mis-informed... i have no problem paying back any money owed to them due to over-payments its not my money so they can have it back. but apprantley this isn't good enough for them they want a conviction and that will ruin my work and my chances of expanding my work to the usa i'm not a crook or a thief. never been in trouble in my life i'm 48 haven't even ever had a point on my driving licence i don't do fraud etc... this is all down to their error and my trust in their word and advice.

any thoughts?

Yes, been there done it. I also asked on the phone if they were sure they had the benefit right because I was told different at my back to work calculations some months before, I was told a particular thing had changed since then which changed my allowance, I just trusted that, I mean, they know what they're talking about don't they.

I don't know what your over payment amount is, but that is relivant when it comes to them deciding to prosecute or not.

Mine was 1600. You need to go to that IUC & explain your side, especially making sure you state on tape that you trusted the benefit staff to actuallyknow what they're doing!

Mine turned out ok, & 2 weeks later I received a letter saying no further action.

I didn't appeal the over payment because like yourself, I never disputed that I shouldn't have to pay back what I had been over paid.

It's an awful timeto go through, very soul destroying & you do get a nasty feeling that you have been set up. But hopefully all will turn out ok.