jabba jones
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Everything posted by jabba jones
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I've worked with some very officious staff who don't realise how they come across. I wouldn't worry about it too much. It's no excuse but also sometimes when you keep getting multiple allegations against the same person, you begin to think there might be something in it. Of course you can. Just make sure the addresses are kept separate, with nothing officially linking you to each others properties & keep ALL finances separate until you are ready to take the next step. Then declare it!
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One of the many things Compliance do is deal with allegations that have been looked at by FIS & downgraded. They do not investigate cases. This is the minimum that happens when an allegation is received where benefit is still in payment. So I'm afraid there is not a lot you can do about it, because every time an allegation is made the chances are Compliance are going to contact you. This is not necessarily a bad thing though because it does suggest that there is little evidence & FIS are not interested in investigating you any further at the moment.
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It might be helpful if you understood who Compliance are before giving advice like that. They are not the fraud section. They are not looking to prove anything. They are there to check the benefit award is correct. They then get a signed statement listing the current circumstances (including a denial of the allegation) & making sure the claimant understands the rules should those circumstances change.
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Agreed. This case has been very odd from the start with what appeared to be a fishing IUC with no evidence. Amazingly a solicitor allowed this to go ahead. But then it turned out to be an IUC with video evidence from a possible CHIS & one witness statement from a work colleague. Somehow that ended up with a DLA disallowance & then got to court only for the CPS solicitors to mess up straight away by not understanding the DLA rules. Before finally been thrown out because evidence was withheld. There must be more to it than that.
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Rather than reading a very old thread about a fraud investigation that allegedly went VERY wrong, you might be better off searching for one of the many threads about Compliance invites. Compliance are not the Fraud section. One of the many things they do, is deal with cases that have been downgraded by the Fraud team. They do not investigate you & do not have the powers to prosecute anyone.
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Congratulations. & for ironic reasons that have absolutely nothing to do with this case, this sentence made me chuckle.
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incap stopped (due to investigation) HELP please
jabba jones replied to topCatDC's topic in Benefits and HMRC
Have you declared the work? -
Yes. But what I meant was that in this case, nothing will in the change in the amount of the overpayment as a result what happens at the IUC. The exact amount will probably not have been calculated yet, but as long as the DM applies the rules correctly, the dates & amounts of money involved should already have been established. The IUC is to see why the overpayment has happened & to see if any further action is required as a result of the overpayment.
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& it's also fairly obvious from his answers, that he is none of these things. Any regular contributor to this site should be able to tell that! Back to Danilou again. If everything you have said is correct then all you can do at the IUC is tell the truth. I'm no expert on ESA letters, but you will have been sent an award notice & the ESA rules at some point during your claim, probably on more than one occasion. You will have to explain why you didn't read them & hopefully there are no false forms or statements in your claim documents to destroy your excuse. The overpayment amount cannot be changed, but whether a criminal offence has taken place or not is yet to be decided.
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Where as you putting incorrect info on a thread is helping? They get exactly the same as everyone else of the same grade in the department. ie Not a lot. They are wrong & from memory most of the threads on here will have corrections further down the thread. To be invited for an IUC there must be evidence a potential offence has taken place. Once the evidence is there an IUC is inevitable. In your case I presume the bills you showed them at the start of the IUC meant there was no point in continuing the interview any further & showing you the evidence they had. Not ideal, but it does happen occasionally. Back to Danilou. Sorry your thread has been hijacked slightly. Did you know your claim had started as conts based & moved to income based?
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Who told you that? The same person that told you the ESA earnings limit was £10,000? It's nonsense btw. There are no bonus's dished out for guilty verdicts.
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IUC's are done by the Fraud section when there is evidence to suggest an offence has taken place. The statement you signed can be used against you in a future investigation. You've basically signed to say your claim is correct & you know what to report should your circumstances change. The Fraud section do this. Not Compliance. She's just saying that if your partner really is living with you, then you have no excuse from now on & both need to sort your claims out asap. It's just a warning. There are certain parameters, but basically FIS can downgrade a case to Compliance at any point in the investigation as long as the benefit is still in payment & an IUC invite letter has NOT been issued. So normally you cannot tell what investigations have taken place. However in your case, from the circumstances you have described, I can guarantee that as soon as your "alleged partner" was identified, the case would be sent to Compliance. So if he was named & ID'd in the allegation its highly unlikely the case even reached FIS in the first place.
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You have not been accused of benefit fraud by the DWP & no investigation will be currently taking place. The allegation against you will have been looked at & down graded to the Compliance section straight away. Compliance are not the same as FIS & do not conduct investigations. In a case like this they make sure your current award is correct, check you are aware of the rules & take statements to confirm this.
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Without prejudice means that they COULD take further action against you should an offence arise as a result of an overpayment..... However that certainly doesn't mean they will & the info on the DM I sent you still stands. They won't prosecute you without inviting you for an IUC first. But even if the worst case scenario happened & the IUC letter arrives, they would still have to prove guilty knowledge on your part to take it further.
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Then it sounds like its all been dealt with internally by the benefit processing section & their decision makers. They've not referred it to fraud & the overpayment letter you received will have had slightly different wording on it to the one that issued after a fraud investigation. This means that even if FIS do find out about the work in a future scan, there is nothing to investigate, the benefit decision has already been made & they wouldn't be able to prosecute you anyway. Hopefully this helps & you can stop worrying!
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Tracieann, just reading through the thread. Can you just confirm how I've understood it. You contacted Carers Allowance to report the problem & the overpayment was then calculated, using the information you provided them with?
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I'm slightly confused to which benefit you were claiming, but if it was ESA then the Permitted Work rules are that it has to be LESS than 16 hours per week. There are also earning limits & a 1 year limit to the work, depending on what type of Permitted Work has been agreed.
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Yes, but there is no guarantee the investigators know about it! Other than that & presuming the IUC is about the SF loans then everything HB has said is correct.
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Have you got that in writing?
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DWP haven`t changed my wifes IB to ESA and overpaid me
jabba jones replied to PleaseNo's topic in Benefits and HMRC
There is no chance of you getting prosecuted by the DWP. Even if a referral was made it would be downgraded to Compliance straight away. -
Who is the interview with? DWP, council or both? I believe there has been a capital scan on Pension Credit claimants recently & although you've not mentioned it, if they are claiming this there's a good chance the inheritance would showup on the scan. It would then depend on what type of award they have & how long it is for as to whether the inheritance had to be declared. I'm afraid I can't be much more help, but they could always phone the investigator & ask what the suspected offence is. They won't be able to tell them much, but should be able to say if its undeclared savings or something else, which is then a big clue.
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Welcome to the wonderful world of the CPS. They now prosecute DWP cases but don't seem to have a grasp of benefit rules just yet.
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£38k benefit fraud - good result **conditional discharge only**
jabba jones replied to Afraid11's topic in Benefits and HMRC
& depending on how far back benefit payment records have been held that's been conservative! -
£38k benefit fraud - good result **conditional discharge only**
jabba jones replied to Afraid11's topic in Benefits and HMRC
TBF 10 years is a long time & the potential size of the combined overpayment (IS, HB & CTB) is huge, so I definitely wouldn't rule out a prison sentence. The proceeds of crime act will also be probably looked at regarding the recovery of the overpayment from any available assets. As per tax credits, the DWP & HMRC are still not very good at talking to each other when it comes to fraud, but this should change in the near future when the DWP, Tax Credits & LA investigation teams merge. But it's anyone's guess at the moment I'm afraid. -
And so it begins... Bedroom Tax victim commits suicide http://www.mirror.co.uk/news/uk-news/bedroom-tax-victim-commits-suicide-1883600
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