Hi There,

I was wondering if anyone can help me with a situation that involves myself and my x partner.

I will try explain this as best as I can.

I had been with my partner nearly 5 years when are relationship had broken down.

We have two children together aged 2, 5 and did live in rented accommodation.

When we separated it was mutual and was not messy, part of the separation was my job I work away and long hours.

We separated two years ago and she like any single mother claimed benefits for herself.

As a good father I would visit my children as often as I could, I would stay over sometimes and while I was home spend as much time as I could with them, as I am still very good friends with the mother we in regular contact.

Both myself and my x partner are both still single.

When I am not working away my place of rest is my mothers.

-She pays council tax

-She pays housing rate

-She pays her shopping

-I provide maintenance money

Two weeks ago she had a meeting (interview under caution) with the DWP who had two (investigators) grill her for over an hour about her personal situation, rather nasty and rude but she explained the truth that I am actively involved and do visit the children to this I did not think they liked as the sort of wanted her to confess to something!

It turns out that the evidence was based on a data match as they had the following documents of mine at her house:

-Bank Letter

-Sky Bill

-Phone bill

**These had been setup whilst I was living there and simply had never changed.**

Car finance document.

The car finance document was harder for her to explain, as most of my mail was still at my x partners when we split up they would only consider financing me against an address with some form of history, So i used my x address for this.

Funny they did not mention her sending me money which she often does if she cant get to the shops for food she will send money and ask me to get these items. (But i assume they never had her bank statments)

After the interview they demanded to know my parents address, she did not know it fully as she moved from say Liverpool to Manchester but drew them the address on paper they also wanted my employer details which she said she did not know..

She collected the kids back from me in tears and scared that she had done something wrong, she still is in fear and now not eating!

said it was like they where not happy with my answers (i assume it was not what they wanted to hear and gave them nothing to go off)

The interviewer who had seen her wanted information on me,

I went to the job centre hours later and spoke to him,

he immediately wanted to take me into a private room which I agreed.

He was scared of me as naturally I deal with people for a living

I led the conversation in which he would give no comment,

my objectives to speak to him where originally to give me my details but when I could see how rude and sneaky he was I gave him the no comment and the interview quickly broke down and I left.

Today they visited my parents and questioned them,

as my parents both hold professional jobs connected in some way to the government they told them the truth.

I stay at the house, I have a room, I pay board and I have lived on off there since 2002,

I can be there one night and then away and then back there days later there Is no pattern.

My parents quite rightly have given me an earful as they feat they may be involved now as they hold professional jobs they no longer will speak to the DWP. They offered to show them my room etc.. but they declined?

This leads me on two my bigger questions and to see if anyone can help me?

From the above and visits to parents house, as this claim is against my partner not me (they must have little to go off from what she told them at the interview)

1) Is this legal (my personal rights and family)

2) Is visiting my parents legal

3) The issue is with me rather than my x partner why cant they deal with me?

4) I hold a professional position with a company and I fear that them asking or poking around could somewhat possibly lead me out of a job! I

I am at the point where I will pay to look after her, if it means I can see my children.

She is that scared she has begged me that she wants to come off the benefits and can I pay for her, which is madness as much as I want to help her I have my own life to live!

Can anyone help shed some light on this situation and advise me how I should move forward with this?

Many thanks!

ive moved you to the benefits forum

our experts should be around soon if not Monday the W/End can be quiet.

Basically as you have continued to be linked to that address and have continued to use the address for credit after the split, the DWP are looking at whether it was a fictitious desertion or a genuine separation.

Obviously some of the bills you state stayed in your name which you can explain to a degree.

In respect to your questions:-

1) Is this legal (my personal rights and family) - Yes it is, the DWP have powers to investigate reports of alleged benefit fraud and where evidence is obtained to show potential fraud an IUC and subsequent action is taken. This is called the Social Security Fraud Act.

2) Is visiting my parents legal - Yes this is legal as CPIA states that an investigator must follow all reasonable lines of inquiry to prove or disprove the alleged fraud, whether your parents want to provide invigoration though is up to them.

3) The issue is with me rather than my x partner why cant they deal with me? - As you are not the benefit claimant they cannot IUC you until they have spoken with the benefit claimant as you are not committing any offense as such.

4) I hold a professional position with a company and I fear that them asking or poking around could somewhat possibly lead me out of a job! - Again they have powers to approach an employer under EQ1 action, it doesn't state why they need the information, but it's not hard to figure out.

The investigator should write to you in due course and ask you for your side of the events so that a decision can then be made on any entitlement to benefit.

1 yes

2 yes

3 they wont, your not the claimant

4 tough, there is a duty of care to the taxpayer to investigate possible fraud

Thanks for all the information so far. I believe this was genuinely a mistake in keeping some information at hers but in my view it's old bank statements rather than driving licence etc... Which are registered at my mum's. I think that as most of this information is now online, payslips etc... It's never been on my mind to change.

I also sent the council an email as soon as moved out from hers years ago to be removed off the electoral register.

The reason why I am so considered is that I could to lead to her Benefit entitlement beeing stoped and I don't want to carry her round on my back yet the same time I care for the welfare of my children and somewhat her.

Based on the information they see less bothered about her and more me at this point, what do people think the next steps would be for me or her to do ?

Thanks all.

They are bothered about where you live as she is claiming for single person allowance and you have lots of bills in your name at the address in question. A simple credit search will give them that info.

But your explanation seems reasonable.

Who are the DWP to question if you pay for SKY in her house for your kids?

All they are doing is making sure its a genuine claim.

Thanks for all the information. Is there a time frame they must work to, with Xmas round the corner it’s cuasing her stress!

I visited her today and the house is becoming cluttered as she just sits in worrying

I wish they call me in and question me as it’s my fault this even happend!

Many thanks for the help.

This is up to you to take action to sort out any financial loose ends, so there is nothing left registered at your x partners address.

Perhaps you can send a letter with any evidence you have of living elsewhere to DWP. Your x partner will have the DWP address to send the information to.

Please do remember that if you have been living at your x partners address for part of the week, that one of the neighbours or someone who knows you or x partner, might have contacted the benefit fraud helpline to report suspected fraud. They could have reported that your x partner is pretending to be single to claim benefits she was not entitied to. While DWP can detect possible fraud from data analysis, I suspect that someone has contacted the benefit fraud hotline and made a report. It is now being investigated.

This is up to you to take action to sort out any financial loose ends, so there is nothing left registered at your x partners address.

 

Perhaps you can send a letter with any evidence you have of living elsewhere to DWP. Your x partner will have the DWP address to send the information to.

 

Please do remember that if you have been living at your x partners address for part of the week, that one of the neighbours or someone who knows you or x partner, might have contacted the benefit fraud helpline to report suspected fraud. They could have reported that your x partner is pretending to be single to claim benefits she was not entitied to. While DWP can detect possible fraud from data analysis, I suspect that someone has contacted the benefit fraud hotline and made a report. It is now being investigated.

Seriously do not do any of this!

The DWP are fishing for evidence and their IUC teams do not understand benefit laws!

So.....

Stop think complain!

You providing them with more evidence they can twist outside of benefit laws/regulations.......

Seriously do not do any of this!

 

The DWP are fishing for evidence and their IUC teams do not understand benefit laws!

 

So.....

 

Stop think complain!

 

You providing them with more evidence they can twist outside of benefit laws/regulations.......

What are you going on about.

IUC teams? They are trained investigators that have to meet the same investigation standards and prosecution threshold as the police. The Crown Prosecution Service deal with the prosecutions and if they are not up to standard they get kicked back.

All investigators have to adhere to PACE and CPIA to name a few and breach of this would make any investigation null and void.

I am not sure where you get your information from but they are fully trained in benefit rules and legislation and each case will be sent to a decision maker before going any further after an IUC. As for providing them with more evidence, if they haven't already got what they are querying then they should not have interviewed.