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Hilzibub

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  1. Unfortunately there is a limit on what you can earn. The limit is increased each April and is currently £100 a week. If you are paid monthly you should check the figures yourself by multiplying your monthly wage by 12 and dividing by 52 which should provide you with the correct weekly earnings figure. You are allowed to deduct some expenses such as Tax & NI contributions also 50% of any occupational pension You're also allowed to deduct the following: The first £20 of any income for renting out rooms in your own home. Foster care allowance from a local authority. Payments made to someone (other than a close relative) to look after the severely disabled person you normally care for while you're at work (up to half your net earnings can be ignored this way). Payments made to someone (other than a close relative) to look after your child (or children) under 16 while you're at work. (Up to half your net earnings can be ignored this way. Asking for a complete breakdown of how the over payment has been calculated is sensible and should show the amount you were allowed to earn for each year . It may allow you to compare the figures for yourself. The problem is that you have only one month from the date the decison letter was issued in which to lodge an appeal and it could take longer for them to provide the information you have requested and you may miss the appeal deadline. If you have any doubts you should appeal against the decision to stop your carers allowance as soon as possible and also lodge a second appeal with debt management in respect of the over payment recovery. If you do not lodge the second appeal they will automatically start to deduct money from other benefits you may have coming in. If when the information arrives you compare it and find that the figures are correct then you can withdraw your appeals however It may be worth checking it out with your local CAB or local advice centre first. They will be able to advise you if you have a case.
  2. In order for your to be determined as living together as a husband and wife the department will take into account a number of factors. They will consider the following 1. Do you live in the same house? It is not unreasonable for him to stay over however they will be looking at how long and how often. You state that he probably stayed more often than he should have because of support needs and child care difficulties however any statements you make in respect of this need to be considered. I am a harsh judge perhaps, but if you adopt the approach of " oh yes well I know he probably stayed too often but It was because of....", the investigator may give you the "oh we so understand" response but they will perceive this to be your acceptance that he was living there and they would already have established what changes you needed to report. The best way to argue this is to show evidence that he is registered elsewhere. Banks, employers, council tax, car registration documents etc. If however he has any of these registered at your address they will I suspect have already obtained evidence in respect of this which they will produce at the interview and ask you for explanation. 2. Is the relationship stable? It may be concluded from what you say that you are in a stable relationship however this alone will not be sufficient to find you living together as a man and wife. Do you do his washing or ironing, do you cook or share meals, do other people perceive you as a couple. 3. Do you have children together? Clearly you do which indicates stability and evidences a sexual relationship as maybe found between husband and wife. 4. Are there are joint financial commitments? They have extensive powers to look at bank acccounts and use credit reference agencies. If your partner is using your address for any purpose such as his bank account, with his employers or car registration documents then the investigators will obtain evidence of this to show that he is living at your address. No one thing on its own is conclusive evidence of living together however if a decison maker subsequently determines you to be a couple living together like a husband and wife then your entitlement to income support, housing and council tax benefit will end from the date that the evidence they hold suggests that you were living together from. This will mean you benefit payments will stop and you will probably have incurred 3 separate recoverable overpayments of all of these benefits. You will have a right to appeal against each decision to stop your benefit and also any decision to recover an overpayment. Seek further advice from your local CAB or law Centre who will be able to advise about the appeals process if necessary. You are being interviewed in respect of the criminal offence of fraud which if proven in a court of law carries a fine and/or a custodial sentence. The interview will be taped. They may also wish to interview your partner as well. You may wish to consider seeking legal representation from a solicitor dealing with criminal law. It is important to remember that you are able to leave the interview at any point and should do so if you need to seek further legal advice. If you follow this link you will be able to access a complete guide to handling interviews under caution communitylegaladvice.org.uk/en/legalhelp/ Hope this helps,
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