Hello, I'm hoping someone can help

On the 27th of february I attended an interview under caution. To cut a long story short I was claiming tax credits and housing benefit as I'm a single mother.

I changed my hours from part Time to full time, I informed HMRC (tax credits) of the change but didn't realize that it needed to ring another office (stupidly I thought all the benefits were linked) I was overpaid 8 months of housing benefit I shouldn't have been receiving as I earned too much. The total overpayment was £1120 . At the interview under caution the man (very nice man) explained that it appeared that I ha done it deliberately. I told him that hadn't realized at the time that I had to ring two separate offices and that I hope they would at least appreciate that If I was trying to deliberately steal benefits that I would not have told HMRC of my change in hours and also inform my landlord.

It's my first time ever claiming housing benefits and living alone, it's been a very horrible past month. I've told my manager about what's going on as I broke down in work, she's been very understanding.

Today I received a letter saying,

Hello Miss xxxxx

You were interviewed under caution on 27th February 2014 regarding your claim for housing benefit, you admitted you had failed to let the authority know about changes in your circumstances, after the interview you were advised what action would be taken.

The local authority are satisfied that there a sufficient grounds to recommend criminal proceedings against you but of this occasion, we are prepared to consider issuing a formal caution.

........

It goes on to say I need to attend another interview (not under caution) to discuss this.

Has anyone been to one of these interviews ?

I appreciate any help that can be offered

Hello and welcome to CAG.

I think the guys on our benefits forum should be able to advise you. I'll move your thread there and leave you a short term redirect to follow from this forum to the new one.

My best, HB

Hello and welcome to CAG.

 

I think the guys on our benefits forum should be able to advise you. I'll move your thread there and leave you a short term redirect to follow from this forum to the new one.

 

My best, HB

Thank you

OK. What they are saying to you is that they believe that if they took you to court over this there would be a good chance that you would be convicted. They are offering a caution because you apparently haven't been in trouble before and because the offence they believe you have committed is a fairly small one.

You can accept this caution. If you do, you would need to go to the interview (not under caution, as you note - that's a different sort of caution) and admit that you are guilty of the offence. In exchange, the council will agree not to take further criminal action against you. The caution will remain on your departmental record for several years, but it will not give you a criminal record. Should there be a future issue of fraud while the caution remains on your record, you will not be offered another.

But, you do not have to accept the caution. If you wish to defend yourself in court, you can decline it and require that the council proves its case beyond a reasonable doubt. If you choose this route, you would be well advised to seek help from a lawyer as, if you are not successful and convicted, the penalties could be more severe and probably will involve a criminal record.

In any case, it might be worth taking proper legal advice before making a decision. The council should postpone any further action while you do this if you let them know that you're seeking professional advice.

Whatever happens in the criminal case, you could well still be required to pay back the overpayment.

Who was the housing benefit being paid to?

Have you appealed the decision?