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compliance interview (allegation someone else is living with me??)


frankiemoo12
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I am currently receiving ESA support group which i appealed over a year ago and won.

 

I have recently moved back to my mortgaged home ( it was empty due to pending repossession process),

 

 

I am currently pregnant but we are not together,

we have never been in a long term relationship,

he has his own property and doesnt live with me,

he will pop in on occassions to check how the pregnancy is coming along,

we dont get on and know that being in a long term relationship just for a child would not work.

 

 

The DWP advised that an allegation has been made that he lives with me and i have to attend in two weeks.

 

Can anyone shed any light on what they will ask me?

 

Thanks in advance

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They will ask about your relationship with him.

 

Be honest is the best advice you will receive, if he doesnt live with you you can point out that if they check any financial records/cra etc, there is no link to him at your address, only records are at his own address.

 

May be worthwhile taking a copy of cra file to show no financial connection if thats the case. Take bank statements to show all bills paid from your account.

 

You may not get on but would he be prepared to take his own bank statement etc to prove he pays bills at a different address? Council tax bills showing cirrect addresses for both, the more you can shiw he doesnt the better it will look.

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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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Don't give up yet frankiemoo, im sure one of the experts will be along to give you the advice you need within 24hrs.

 

 

On a personal level I would argue their claim as nefarious and give them a piece of my mind. I would say to them prove & don't accuse it without proof.

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As it's compliance they will have conducted various fraud checks and have insufficient evidence to prove anything and just want an MF47 statement for there records to say that X is not living with me, he is living at Y and although I am having his child we are not together. It will then have a statement stating I know I must notify the DWP of any changes in my circumstances etc.

 

Just tell them where he lives etc and what was in your original post and you will be ok.

 

Did you live at or use his address whilst not resident in your own home? Just a thought as it may be a past period they are looking at.

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As it's compliance they will have conducted various fraud checks and have insufficient evidence to prove anything and just want an MF47 statement for there records to say that X is not living with me, he is living at Y and although I am having his child we are not together. It will then have a statement stating I know I must notify the DWP of any changes in my circumstances etc.

 

Just tell them where he lives etc and what was in your original post and you will be ok.

 

Did you live at or use his address whilst not resident in your own home? Just a thought as it may be a past period they are looking at.

 

I havent used his address at all or him use mine I only moved back here 2 weeks ago and at my previous place he never lived there either all utility bills and mortgage is all me.

 

We have been friends and that is how it will always remain and i will explain his to them but i feel hey wont believe it cause we are having a baby????

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I havent used his address at all or him use mine I only moved back here 2 weeks ago and at my previous place he never lived there either all utility bills and mortgage is all me.

 

We have been friends and that is how it will always remain and i will explain his to them but i feel hey wont believe it cause we are having a baby????

 

If all of his bills are sent elsewhere and he has another place to live then yes, I'd expect they'll believe you. In any case, it's not really a question of "belief" - they would need evidence if they intended to challenge what you say.

 

But the important point is that this is almost certainly just a box-ticking exercise. Someone has made an allegation about you and they don't really think there's anything to that allegation but they have to check it out anyway. It's likely not a problem.

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If all of his bills are sent elsewhere and he has another place to live then yes, I'd expect they'll believe you. In any case, it's not really a question of "belief" - they would need evidence if they intended to challenge what you say.

 

But the important point is that this is almost certainly just a box-ticking exercise. Someone has made an allegation about you and they don't really think there's anything to that allegation but they have to check it out anyway. It's likely not a problem.

 

I have seen online some ppl have been asked to fill in form of questions at the meeting is this the case or will the ask the questions i habe contacted CAB as I have a disability that affects my mobility and have seen they do telephone interview is this correct?

 

Can anyone shed any light of what the questions they ask?

 

 

Thank you

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they will ask things like how often does he visit you and how long for, how often you go to his and how long do you stay. They may well ask if you go for an evening out together and who picks up the bill. Basically they are looking for evidence that he is supporting you in some way or that you are cohabiting. Generally they need to show that you are together for at least 3 days/week, generally stopping overnight but even him buying you dinner may well be deliberately misconstrued as him supporting you. The law allows them to make assumptions that have no burden of proof upon them so everything is for you to disprove or at least formally deny.

Listen very carefully to everything they are asking and only answer exactly the question or say that you dont understand if you dont. They get shirty about this but if it is a telephone interview ask them to put their questions in writing.

You can ask where the allegation comes from but they wont tell you because if it was just a member of the public they cant anyway. However, if you believe it is a malicious complaint then tell them that you believe it is. They are only trying to save money and dont really care about the details as long as boxes get ticked and wont like it escalated to a tribunal if it turns out that you are being stiched up.

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I used to work with a photographer by the name of John Hume (now deceased so can name him) who was employed for a time doing DWP investigation work and part of the recording of peoples coming and goings was that the person was expected to be allowed a person to stop no more than 3 nights/week. As you say this is not a hard and fast rule but it is something that will be considered because if someone is stopping at your house the majority of the time then they are in a practical sense not normally or habitually resident elsewhere. This is just one part of the story though, people can be considered to be in a permanent relationship or supporting someone even if they spend no time together like that.

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Are you financially linked in any way whatsoever?

 

Whether it's bank accounts & paying in money or things like rent/bills/car insurance/catalogues/loans etc etc.....

 

I had a compliance a few months ago & I had to literally prove everything to show that their was no relationship &/or financial link between my ex & myself.

 

Over 350 pages I had to submit & most of that was bank accounts going back over 18mths ago!!

 

I sure wouldn't like to go through that again...

 

Good luck!

I don't suffer from insanity, I enjoy every single minute of it!!

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I used to work with a photographer by the name of John Hume (now deceased so can name him) who was employed for a time doing DWP investigation work and part of the recording of peoples coming and goings was that the person was expected to be allowed a person to stop no more than 3 nights/week. As you say this is not a hard and fast rule but it is something that will be considered because if someone is stopping at your house the majority of the time then they are in a practical sense not normally or habitually resident elsewhere. This is just one part of the story though, people can be considered to be in a permanent relationship or supporting someone even if they spend no time together like that.

 

When was he involved with this? Was it a documentary?

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

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In the 1970's No documentary involvement. He worked directly for the old DHSS doing undercover observations of people who were claiming they were single when it was suspected they werent. he also did a bit of watching peple who were claiming disability. Like many things rules of thum become code of practice and then are accepted as being a suitable benchmark for similar cases. You can look at many different fields and find the same, health and safety, parking and even employment law all have a "best fit" test of one sort or another without it being prescribed by legislation

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In the 1970's No documentary involvement. He worked directly for the old DHSS doing undercover observations of people who were claiming they were single when it was suspected they werent. he also did a bit of watching peple who were claiming disability. Like many things rules of thum become code of practice and then are accepted as being a suitable benchmark for similar cases. You can look at many different fields and find the same, health and safety, parking and even employment law all have a "best fit" test of one sort or another without it being prescribed by legislation

 

With all due respect DWP investigations have moved on considerably since the 70s. That was the day of the 'special investigator' as they were then called.

Regulations have now been formed following court cases which have set precedence. Neither is it possible to 'just do a bit of following around'

 

There is no such thing as a '3 night rule' every case is looked at on its individual circumstance.

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In the 1970's No documentary involvement. He worked directly for the old DHSS doing undercover observations of people who were claiming they were single when it was suspected they werent. he also did a bit of watching peple who were claiming disability. Like many things rules of thum become code of practice and then are accepted as being a suitable benchmark for similar cases. You can look at many different fields and find the same, health and safety, parking and even employment law all have a "best fit" test of one sort or another without it being prescribed by legislation

 

The 3 nights a week rule really is an urban a myth - and certainly isn't in any code of practice.There are certain things that are considered when looking at an allegation of living together. Take a long distance lorry driver.. he might only be home one night a week but is considered to live there.

 

That has been the case since the mid '90's to my knowledge. As said above, what was the case in the 1970's certainly isn't today. The benefits that were around then have mostly been replaced.

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

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Are you financially linked in any way whatsoever?

 

Whether it's bank accounts & paying in money or things like rent/bills/car insurance/catalogues/loans etc etc.....

 

I had a compliance a few months ago & I had to literally prove everything to show that their was no relationship &/or financial link between my ex & myself.

 

Over 350 pages I had to submit & most of that was bank accounts going back over 18mths ago!!

 

I sure wouldn't like to go through that again...

 

Good luck!

 

Hhi

 

We have no financial link whatsoever in fact I don't even know how and what he gets paid that's his personal business, I use a post office account which shows my income of benefits any bills I pay are prepayment gas and electricity and I have only just started paying bk my mortgage which I pay by using a member of my family's card for the time being till I open a bank account I do have one but it's been overdrawn for months and I don't use it. As I say he only drops by if he is passing and it's to check on pregnancy, that's what I'm scared of is because I am pregnant they are going to assume that we are in a relationship we never have been it's only been a sexual encounter on two occasions how do I explain that without being embarrassed in fact the person who has made this allegation has had encounters with him and I think that's why she has made this allegation as she didn't take to the news lightly and I will tell them this.

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That will have been tax credits..

 

To the o/p. Is the interview under caution? Compliance letters don't tend to say what the interview is about.

 

 

The letter says about they have to make sure everything is correct with my benefits and to bring id and bank statement sonic telephoned them and that's when she told me it's a compliance interview because an allegation has been made that someone is living with me and that was it.

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Hello again.

 

All you can do is go in and tell the truth. I'm sure the DWP have seen it all before and certainly here we've seen ladies who are pregnant but no longer with the partner. You aren't the first and you won't be the last.

 

Hopefully Shoelover will pop in and tell us their thoughts.

 

HB

Illegitimi non carborundum

 

 

 

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Hello again.

 

All you can do is go in and tell the truth. I'm sure the DWP have seen it all before and certainly here we've seen ladies who are pregnant but no longer with the partner. You aren't the first and you won't be the last.

 

Hopefully Shoelover will pop in and tell us their thoughts.

 

HB

Totally agree... it's just an informal interview. Anything you can provide which backs up what you have said here will help.

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

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Totally agree... it's just an informal interview. Anything you can provide which backs up what you have said here will help.

 

Thank you for your replies, I will take with me bank and post office details, utility bills and mortgage letter which details all my income and outcome.

 

Should I get in touch with him and let him know I'm being accused of such an allegation? Will he be given a chance to hand in his bills etc should I ask him if he could provide a copy to me? I want to show we have no links plus I will advise them of his relations with the person making the allegation

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