Had Benefit Fraud Interview Under Caution - What Now?

[sweetnsexyenglish]

Hi, I had mine back in May/June 2008 (cant quite remember as it seems so long ago now) and I've heard nothing also, I'd like to think no news is good news...but I can say this, DWP wont acknowledge a complaint and you have to lodge it with them before you can go down the ombudsman route. I made my complaint after everything they put me through and some, and I never got a reply back although directed at the manager of the incompetent investigating officer!! I feel ignored, and after everything they put me through they still had me down showing as in receipt of Income Support up to August early September even though I have never received a penny from them since April 7th when they took the food out of my childrens mouths then couldn't understand when people realised I was entitled to claim and hadn't been advised to, why I later refused to claim and would rather die trying to support my family on less than the minimum.

 

Good luck if you do complain maybe you will be luckier than I in a response, The funny thing is when DWP realised I was entitled to claim and had not, I was advised the day I had my last interview the investigating officer already could see the notes stating when I was eligable to claim and had not told me, she in fact said she doubted if I claimed I would receive any money, and I was told since the last time the file was looked at by the investigating officer for my last interview, no one ever looked at my file again, they just left it open yet showing I was in reciept of a benefit I wasn't getting which later caused problems with me getting support towards my nhs costs from CTC and put me into debt with my electric and gas as it was on direct payment and they did not release the information to them that I was not on benefit until I complained, in fact they still continued to pay them money as and when they felt like it. Until the September when I finally lost it, the investigating officer never spoke with me again however one of her superiors called to try and persuade me to reclaim, told me I was cutting off my nose to spite my face because I refused even though entitled.

 

However I'd rather be starving and sell my possessions to feed my children than ever have DWP treat me as badly ever again as I am the one with the scars of their treatment who was put at risk of loosing my home.

 

Good Luck mate!!

[whu1]

I think some on here should read my post on Help HB overpayment.

 

My investigation lasted about over a year, I attended a few IUC, also a informal meeting and various phone calls which now I wished I had not in hind sight. I would deffo advise anyone to have someone with them from CAB if possible at interviews, if you are like me and thought you had nothing to hide, it could back fire, so having someone with you does not mean you have something to hide.

 

I got a letter in the end (after about 3 month of no contact) stating my HB had been cancelled due to overpayment and i owe £12,000. The reasons they have stated have been discussed in my post. The reasons stated were nothing that was brought up in my interviews (they fist tried to ask about my ex-boyfriend living with me, but obviously was not true) and was a total shock to me. I have written to appeal and complain about my treatment and have been to CAB, which they seem to think I may have a good case.

 

Got another more indepth appointment with CAB next week so will know more.

 

No reply yet on the appeal, but there are few hurdles to go through with various appeal methods.

 

 

It is a very scarey road, but if you are innocent please don't just rely on it to pass it course, GET PROPER ADVICE NOW.

 

Coming on here is the first step, good luck

[0405453a]

Hi guys,

 

I'm the OP and have been following the thread with itnerest for some time and others like it. My mum had the IUC in May 2008 and has heard nothing since. Surely this is pretty outrageous?! Is there anything we can do?

[MARTIN3030]

Presumably they are still paying the benefits ?

I think you can safely assume that they have concluded their INV at least insomuch as they have not sought to take matters further.

I am not 100% but I think I am right in saying that they are not under any obligation to inform you of the results of their investigation.

Theres nothing to stop you applying for a full subject access request under the data protection act,but there are exemptions afforded on releasing any data that has been collated or processed as part of a fraud investigation.I cant remember the exact terminology but it is within some act or other.

 

If you can clearly prove that damage or distress has been caused as a result,then maybe you could make a complaint.The local Gov Ombudsman would be my choice,but you would need to have a good case and have supporting evidence.

In the first instance maybe worth getting the SAR to see if whats in there.

 

Usually the LGO would require you to have shown some attempts to resolve this before contacting them,but getting anything from them is easier said than done.

 

Its a very fine divide.

 

Your local MP would also be another route which will cost nothing to go down.

[Oh Boy!]

Agree with Martin.

 

Why you want to complain, ? leave it alone.

 

Don't tempt fate, no need, its over, forget it, remember its upto them to prove you have done something wrong, so what there are credit cards and insurance, big deal it is not evidence of anything.

 

Relax

[GEORGE SAINT]

Just to question an earlier point made by Shywazz - where did you get the 2 days / week rule from? Surely this is not true?

[jennier600]

is it true that they must in interview allow you to see a document they refere to i was refused

[MARTIN3030]

I am not sure on this-but I would think not since they will cite that it could prejudice their investigation.

But it obviously depends on the contents and nature of the document.

If its a witness statement from someone-then NO

If its a list of those benefits they claim were overclaimed or non entitlement-then YES.

[jasminflower]

i had a interview under caution 3 Weeks ago because i worked part time for 5 months and i didn't declare even if you do 15 hours like i done you must report to the jobcentre otherwise it will be treat as fraud just to inform

[jasminflower]

now i have to pay all the money back plus 30% of the money i earned so if anyone is working without declaring you better stop or declare to them

[ST24Mondeo]

The Dwp will be in no hurry to let anyone know how there case is proceeding.Its is not them worrying whats going on with the case.Do not think because you have not heard anything from them that it has all gone anyway and they have forgot about you.This is rarely the case.

 

 

 

January 11/01/07 IUC

 

March 22/03/07 IUC

 

Letter 1/10/07 We have decided you have been living with a partner.

 

01/04/08 You have recieved a overpayment of £000000

 

I now start appeal for overpayment.

 

22/05/08 I make my first complaint.

 

Appeal did not go ahead because i am told the dwp is making a case for criminal proceedings.First i had heard of it.

 

08/04/09 Having considered the facts a decision has been taken not to instigate legal proceedings against you .The case is now closed.Great you might think.

No i still had to go in july09 for the overpayment they were still claiming i owed.My appeal was upheld i won case now closed.

So it was around 2 and half years before it was all over for me.

 

Its only now that my complaint is getting looked at they will not look at any complaint while they are trying to instigate legal proceedings against you.

 

I have a thread on here about my case if you want to read how they have dealt with my case.Not very well as far as im concerned.I will keep on complaining until someone listens to me because then it might save someone else the grief i have had with the dwp.

[lbk79]

Hi

 

I've never been on any sites/forums before, but I came accross this one and i'm so glad. I received a letter to go into an interview under caution. It's not due for another few weeks but as you can tell by the time I can't sleep and with two young children that's not helping things. I stress over the smallest of things and this is driving me insane. I just don't know what to do. I rang up the DWP and asked what it was for and they said they were not permitted to say but I have now found out that I can ask for DISCLOSURE. They don't have to tell me but they should tell a solicitor, as all the websites say that you should be prepared for the interview but how can you defend youself if you havent a clue what its about? I'm also really worried as along with a lot of other people on this site i'm petrified of losing my home. And some have said that it's still going on after 2 + years!!! I don't know what to do as I don't know what it's about. Hopefully my solicitor will be able to tell me Monday when he rings them. Good Luck to everybody out there going through the same thing. I wouldnt wish this on my worst enemy.

[Advicenow]

www.advicenow.org.uk is a website that provides free information to the general public about their legal rights, and any issues that they may face.

 

We have produced a guide called 'How to Handle an Interview Under Caution', which can be read by following this link:

 

How to handle an interview under caution - Problems with benefits - Advicenow guides - Advicenow

 

We explain what an Interview Under Caution is, what you need to do to prepare for one, and what can happen in one, as well as other helpful information. We also have step-by-step guides to help you prepare and for what to do after the interview, and we signpost to other helpful organisations such as the Citizens' Advice Bureaux.

 

We are a charity: Charity number 1112627.

[worriedsick1]

Hi

 

I've never been on any sites/forums before, but I came accross this one and i'm so glad. I received a letter to go into an interview under caution. It's not due for another few weeks but as you can tell by the time I can't sleep and with two young children that's not helping things. I stress over the smallest of things and this is driving me insane. I just don't know what to do. I rang up the DWP and asked what it was for and they said they were not permitted to say but I have now found out that I can ask for DISCLOSURE. They don't have to tell me but they should tell a solicitor, as all the websites say that you should be prepared for the interview but how can you defend youself if you havent a clue what its about? I'm also really worried as along with a lot of other people on this site i'm petrified of losing my home. And some have said that it's still going on after 2 + years!!! I don't know what to do as I don't know what it's about. Hopefully my solicitor will be able to tell me Monday when he rings them. Good Luck to everybody out there going through the same thing. I wouldnt wish this on my worst enemy.

 

 

IB what do you mean by DISCLOSURE! does this mean your solicitor can contact the DWP and they will tell you what info they have on you prior to the meeting?

[Shoelover]

Disclosure is normally made to your Solicitor immediatley prior to the interview, you will then be given time to speak with your solicitor prior to the interview.

[christhebhoy]

I have recently went through the hell of this IUC

I didnt realise that they had the power to go through sites like facebook/bebbo/twitter or any social networking site even when its set on private to try n catch you or a partner out.

 

Also how do they get access to a bank account isnt that protected by some kind of law. The let me see a document with my account n sort code and bank amounts that cant be right that they have this sort of power. Anyone could have seen this photocopied piece of paper.

 

Do they have the power or right to quiz you about things from years ago or do they have to state a period of time cause that never came up. they just kept showing me old housing and dhss paperwork and asking if it was my signature.

 

I took along a digital recorder but they refused to let me record for my legal presentation can they do that bye law as they are recording you....

[antone]

I have recently went through the hell of this IUC

I didnt realise that they had the power to go through sites like facebook/bebbo/twitter or any social networking site even when its set on private to try n catch you or a partner out.

 

Also how do they get access to a bank account isnt that protected by some kind of law. The let me see a document with my account n sort code and bank amounts that cant be right that they have this sort of power. Anyone could have seen this photocopied piece of paper.

 

Do they have the power or right to quiz you about things from years ago or do they have to state a period of time cause that never came up. they just kept showing me old housing and dhss paperwork and asking if it was my signature.

 

I took along a digital recorder but they refused to let me record for my legal presentation can they do that bye law as they are recording you....

 

Not an expert on this, but a few things come to mind.

 

Under certain circumstances, authorised fraud investigators can access information that isn't public, in much the same way that the police can do so. After all, they are investigating allegations that a crime has been committed. Not all DWP staff can do this (indeed, very few can) and those who do have such rights must exercise them responsibly and according to law. In other words, if you think a DWP fraud investigator has disclosed your bank account (or any other) details inappropriately, you have grounds for complaint.

 

They can ask you about things that happened years ago, yes. Specifically what, I don't know, but I'd imagine it relates to the nature of the allegation they're investigating. If you have reason to believe they are acting outside their authority, you really should seek professional legal advice.

 

I don't know if they can refuse to allow you to make your own recording of an IUC, but I'm fairly sure you're entitled to a copy of their recording.

[tabs666]

Just a few things. I'm an investigator, and I would never say you don't need or shouldn't bother with Legal Advice for an IUC. However, I am certainly not going to encourage you to get it...why would I? At IUC, part of my introduction specifically states you are entitled to legal representation, then I ask why you don't want it and explain that I will stop if you decide you do, can't get plainer than that?

 

We are allowed to obtain confidential information, including bank statements, as long as it is proportionate and necessary to the investigation. Facebook, Bebo and twitter are legitimate areas for us to gather info, but it is not particular useful as actual evidence. But it is very useful as an indication of whether your allegation is true or not.....if you are supposed to be single and on benefits, you do not post about the partner who lives with you!! If you do, it is publicly available, and you should not be surprised to be faced with it at an IUC.

 

As for Freedom of Information requests, as an investigator I wouldn't deal with it myself. It would be dealt with by a solicitor (in our LA anyway), who would decide if it was a lawful request or if any exemptions apply, which in a criminal investigation like fraud they probably would.

 

Oh....and there is no 3 night stayover rule!!!!!

[HTH]

I also let my ex partner who cannot have a bank account set up a vehicle insurance policy direct debit on a monthly basis. He gave me the money each month and that was over a 10 month period. At Christmas he landed himself a part time job, lasted 3 months. He had to supply the employers with bank details which of course he didn't have so I suggested he use mine...from my bank statements you can quite clearly see that I accepted some of this money and there are maestro transactions in toy stores etc.

 

With respect, you appear to objective observers to be in a financial arrangement with this man, notwithstanding whatever your reasons may be, and therefore by not reporting your arrangments, over time, you are slowly diiging your own grave by proving a period of Benefit Fraud. If you have a Moral Compass your options are: 1) stop your financial arrangements completely and raise your children on your own or 2) continue it, but admit it like the rest of it, and raise your children with his support. If you do not have a Moral Compass, your only option is 3) continue your undeclared relationship and eventually end up in jail, and loose your children.

 

THT

[tiger22007]

Are these people that bad.

[emmaf01]

Everyone should be able to access a basic bank account. However we all know in practice this is not always the case. It is just not a good idea to let anyone else use your bank account for their own financial dealings.

 

I do not feel that HTH's comments are particularly helpful. No-one should be threatened or deserve to lose their children because they try to help out their ex-partner. It may not be the wisest course of action, but there was no intention to deceive the DWP/Council. It does not mean they have resumed a relationship with their ex. Most ex-partners have to have some sort of contact with their ex if they have children. This is a case which shows us that it is wiser not to enter into any sort of financial relationship other than declared maintenance payments.

 

We should keep these forums for help, advice and support, not moral judgments. We are all human and, therefore, make our own mistakes.

[caramel1]

its all so very worrying, we are going through the same thing, keep you hopes up and get whatever advice you can, my daughter has helped me out as i was suffering with depression and was homeless, now she is being IUC, i'm not sure what will come of al of this, but we can only hope it isn't too severe a penalty.

this forum is fantastic, and I have benefitted from reading the threads, of course it can make you worry more, but no point being hidden from the reality of what's to come.