Thanks again for your kind reply. The appointment as always been this week I had originally stated it was for this Wednesday, which is today but it’s for tomorrow Thursday a day later than I had originally stated. Unfortunately I don't know what benefits he is on but surely we are talking about a point of law, you are either paid benefit when you are not entitled or not. He should have notified the authorities that he is no longer entitled to benefit. Unfortunately he simply didn’t think about it. What are the benefits of keeping the appointment, what are the benefits of not keeping the appointment?. My friend did contact citizen’s advice but the person he spoke to wasn’t very helpful. He also phoned a firm of solicitors but the person able to help was on his/her annual leave. Thank you once more for help.

Thanks for your advice but Fred's appointment is tomorrow and he believes if he comes clean admits he failed to notify and cancel his benefit whilst he has a chance and to explain things before being arrested and charged. The simple fact of the matter is he didn't even think about benefit payments and they obliviously know his capital is above the allowed amount. Fred now knows this and would be breaking the law if he didn't notify them of this fact. Please see the post above from bio. He explains why he thinks its a good idea to go keep the interview. Can you please underline why he should cancel the appointment and any benefit this would have because they already know he should have canceled his benefit. I will be speaking with Fred later this evening. I look forward to hearing from you.

Thanks for your advice I tend to agree with you my friend is understandably at his wits-end and has enough to worry about. It’s not like he deliberately tried to hide the money or used a false name or even had it stashed under his pillow. Forgetting something isn't much of a defense bit it is the truth and he does have mitigating circumstances to back up his bad memory. He has had an horrendous past 4 or 5 years. I'm sure if things carry on as they have he will have a breakdown of some sort. He was literally shaking and stammering the last time I spoke to him. Thank-you.

Thanks for your very kind reply and for taking the time to advice my friend. I will be speaking to him this evening and will ask him to reconsider cancelling the appointment. He admits he should have notified them and believes if he is honest and tells the truth “what does he have to loose?. How differently can a lawyer answer but truthfully. So that I can try advising my friend to get legal advice can you please explain what difference does it make if he only admits he should have notified them and offers to pay them back. But says he won’t answer any other questions until he has taken legal advice. He thinks rightly or wrongly if he takes a lawyer its like saying you have something to hide. Fred really is very worried not only about this but his health and other issues and just wants to put an end to this because he believes dragging it out will only make his health conditions worse. Since he received the letter he has been unable to eat and sleep. I mistakenly though the interview was later in the week but that’s for a medical issue the interview under caution is tomorrow so little time left. Thankyou.

Thank you and others for the kind advice. I have spoken to Fred saying I had taken some advice. He will be going to the interview under caution. He plans to tell them the truth no point in altering the truth and cant see how admitting the truth can be harmful in any way. I can understand Fred wanting to get this over and done with as soon as possible; dragging it out will not help his deteriorating health. Fred really has had it rough and fears the worse regarding a diagnosis of one of his ailments. He gets the results of the CT scan over the next few days Fred hopes by being honest they won’t take it to court. He plans to tell them he didn't think to notify them but will offer to pay them back with a lump sum along with a payment plan. . He will also tell them, that half of the money is for another beneficiary but Fred is still over any thresholds with an original amount of about 30k each. Fred says he will say know more than this and will probably see a lawyer after the interview when he knows what he is facing. Fred is a little worried that they might try to trick him; he is also worried they may get very nasty with him. My questions are.. 1) Should he phone now to cancel his benefit or wait until he goes to the interview? 2) What are the thresholds of savings? 3) Is there anything he shouldn’t say? 4) Can he legally tell them the above and refuse to answer any other questions without a lawyer being present?. He may say more depending on the questions and on how they talk to him. He will try not to incriminate himself by telling only the truth. 5) What is the likely outcome of an interview under caution, and is it likely to go to court? 6) Will they try and trick him and get nasty with him?. Thank you all once again for all the kind advice.

Hi, Thanks for your reply. No Fred as not touched the capital other than what was left to him. Yes the other beneficiary does know they have inherited money. Fred will get the results of a ct scan over the next few days he as many health problems and as had numerous tests over the last year. I did ask him if he has mentioned dementia to a health care professional he often tries to make lite of it in front of some friends, but says he cant remember! He would be to embarrassed to ask help from the mutual magistrate friends. Fred plans to go to the interview and admit he should have notified them but forgot

Thanks for your prompt reply. I'm at a loss as to what to do to help. He is a very good friend and I will help all I can, he deserves it and has helped many people including me over the years. Surly that's what friends are for? I will phone him later and try and get him to accept help. Should he be honest now and say he is not entitled to the benefit or should he say nothing util if or when he gets legal advice? Perhaps I should encourage him to cancel the appointment until he gets legal advice.

I'm very worried about a friend I trust and respect that has received a letter for an interview under caution for this coming Wednesday. My friend doesn't want friends or family to know what has happened and at this stage probably wouldn't be happy about me asking for advice, so out of respect I don’t want to give to much away about his identify. Sorry I hadn't intended for this to be a long post but thought I should give as much info about him as possible so you can better understand why I’m so worried.. I don’t know what benefit he is on, I don’t want to appear nosy by asking but I don’t think he knows because when we talked about it he said he’s not to sure because he also now gets a government retirement pension. If you didn't know him you would probably think he is being evasive. My friend phoned citizens advice but wasn't given any advice other than being directed to benefit fraud on the CAB website. From what I gather my friend got the distinct impression you have broken the law get on with it!. My friend “Who I will now call Fred" admits he would probably feel the same way.. Fred is in his 60s and did not deliberately set about to defraud anyone, truly its not in his nature, Fred was on benefits when a parent passed away and money was lodged into his bank account for himself & some for a third party to be given to that person in several years time when the beneficiary is older but Fred doesn't have any proof. Fred didn't think to notify work and pensions and cancel the benefit. He said it didn't register in his mind he completely forgot he was on benefit. He hasn't deliberately tried to hide anything but understands people won’t believe him & will judge him. Should Fred phone them now and ask for the benefit to be stopped today or wait for the interview?. Fred thinks he should because he is now aware he is not entitled to benefit. Fred would like to offer to pay back what he owes which would amount to approximately three years of overpayment. Fred says the benefit officers will not believe him and expects the worse but he is prepared for it and would be better than the life he is living at the moment. “This is very unlike the Fred I knew a few years ago who would be prepared to give a fight. It is clear to see he has lost his way in life. Fred as had a very difficult time over the last several years because of deteriorating health and loosing family and friends etc.. My friend as become more and more distant and depressed over the last few years suffering with memory loss and being more and more vacant when you talk to him he is often on another planet and believes he has the same disease has the parent that passed away after years of terrible suffering. I think it was Alzheimer's or dementia?. . Fred looked after his parent for many years and witnessed lots of suffering. Fred has several major and perhaps life threatening health problems and because of circumstances and pain, as become addicted to very powerful prescribed medications. Fred seems to be in a never ending spiral where one day runs into the next. If you knew Fred as I do you would understand he would never deliberately break the law he is a Royalist and loves his country and its laws. I'm very worried about him because he will not go to a solicitor and believes know one will believe him so accepts what happens. “So unlike Fred.. Can someone make any suggestions?.. But firstly should he notify work & pensions before the interview and stop the claim?.. Perhaps I should try and give you all a rundown on how I see my friend; why I don’t think he should be alone on the interview. I won’t go into all the whys and wherefores we would be here all day!. My friend as helped me and many other people over the years he is so honest and kind you wouldn't find a better friend. I have been worried about him for some time now but it’s not always easy talking to a friend. Not so many years ago he would never be late for an appointment. We have mutual friends that are magistrates and I remember a few years ago over dinner people saying and agreeing how good a magistrate he would make. “Not any more he forgets things!. To give you an idea what he is like now, “Fred what time is it? Errr, “errr “Fred would look at you with a blank distant look as if I had asked a really difficult question. He sometimes forgets dates & times, He looks as if something is always on his mind often staring into space. You can explain the simplest thing and he won’t grasp it, he can get half way through a sentence & forgets what he was saying. He will jump at the slightest thing. He was always out and about; He used to be very well dressed. Fred doesn't have a partner I can approach and I don’t know his family well enough, in anycase he doesn't want to involve anyone so I’m at a loss as to how I can help. I would offer to go on the interview with him but I’m away all this week. Thanks to anyone that may give advice.