benefit fraud interview

[mcnobby2002]

i have just recieved a letter from dwp informing me that they want me to come in for an under caution interview regarding my claim for income support. i have no idea what to do about this or what information they can gather about me? can they get access to my bank statements without my permission? am i entitled to know what this is about prior to the interview? as far as i know i have done nothing wrong and am confused as to what to do next.

[Lula]

perhaps some more idea of your circumstances might help us give a decent answer. I do not know whether they can access your bank statements, but I wouldnt bet against it.

[mcnobby2002]

i am on income support and live on my own. my girlfriend lives not far from me and visits regularly. it says on the letter we need to interview you about your claim to income support and an appointment date and time. what can i expect to happen at this interview and can i find out what they want in advance.thank you

[prelude2a]

Hey,

I had a similar thing with my local council a couple of years ago. Contact your local CAB - they should have a representative who will sit with you during the interview and make sure you don't say anything you don't need to.

Apparently they *can* get hold of your bank details etc, but they will likely only do that if you are obstructive and give them reason to suspect you of anything.

It is likely they have asked you to come in for an interview because they have found something out that warrants them checking you over.

If you have done nothing wrong then you shouldn't have anything to worry about.

Did you fill in the benefits forms accurately? Were you truthful and did you declare everything to the best of your knowledge?

Have your circumstances changed since you applied, and if so have you told them about these changes?

The interview is on the same level as a "police interview" - I.e. they will have a person (or two) asking questions, and the interview will be recorded. This is why I suggest you get someone from the CAB to go with you. I found the whole thing quite intimidating.

Basically, without knowing a bit more about your situation it is hard to know what else to suggest, but if you are sure you have done nothing wrong then just stick to your guns - answer their questions but no more - and good luck!

Obviously if you have any inkling what they might be chasing you for let us know and if I can help I will.

[Gazza112]

Hi mcnobby

 

I'm affraid your find they can get access to all your bank and building society books. If you have any shares they will find them trust me.

Have you got any idear what they want to call you in for?

 

Gaz

 

Gaz

[Gazza112]

Mcnobby

 

Forgot to say, when you go there you will be under caution as your letter states. You will be read you rights, and you do not have to answer any of there questions. There will be two people there one operating the tape machine and the other person interviewing you. After the interview there will be two tapes which you and everybody in the room will have to sign.

These are just in case they need to take the case further.

Its best if you take someone along with you at the interview for surport.

Depending what info they've got on you the interview can take upto 1-2 Hours. So at the interview be calm and answer what they want to know.

 

Gaz

[mcnobby2002]

went to cab. they passed me off to a solicitor. the solicitor informs me that you cannot get legal aid in these cases which means i am on my own. have requested my file from them using the freedom of information act as i suspect this could stem from a neighbour dispute. basically i am going to let them caution me and then wait to see what (if any) evidence they have then play it from there. it's quite rare for them to get a conviction for fraud even if they have evidence against you as they have to prove that you were claiming benefits in the full knowledge that you were not entitled to them. better to say little or nothing at all until tangible evidence is produced(not heresay). for me, the only things i do are my girlfriends paper round on the odd occasion (which i am not paid for) and a couple of times a year i do some extra work which amounts to less than ten pounds a week. you are allowed to earn a maximum of ten pounds per week if you are on income support so that shouldnt affect.

[Gazza112]

Hi mcnobby

 

yes, i know about people choping my sister reported me and made up a load of lies. They ended up making laughing stocks of themselfs in the end.

Don't worry about it, try taking a friend or contact your local CAB they should be able to put you intouch someone to go with you.

 

Gaz

[74656]

The best thing you can do is be honest. But listen to the questions very very carefully. If you feel a question is irrelevant, dont answer it, but try and not be obstructive.

[The GodMother]

Hey,

I had a similar thing with my local council a couple of years ago. Contact your local CAB - they should have a representative who will sit with you during the interview and make sure you don't say anything you don't need to.

Apparently they *can* get hold of your bank details etc, but they will likely only do that if you are obstructive and give them reason to suspect you of anything.

It is likely they have asked you to come in for an interview because they have found something out that warrants them checking you over.

If you have done nothing wrong then you shouldn't have anything to worry about.

Did you fill in the benefits forms accurately? Were you truthful and did you declare everything to the best of your knowledge?

Have your circumstances changed since you applied, and if so have you told them about these changes?

The interview is on the same level as a "police interview" - I.e. they will have a person (or two) asking questions, and the interview will be recorded. This is why I suggest you get someone from the CAB to go with you. I found the whole thing quite intimidating.

Basically, without knowing a bit more about your situation it is hard to know what else to suggest, but if you are sure you have done nothing wrong then just stick to your guns - answer their questions but no more - and good luck!

Obviously if you have any inkling what they might be chasing you for let us know and if I can help I will.

 

They dont all have 2 interviewee some have one. I have accompianied many ppl to the interviews and there has only been one person also depending on your health they sometimes have to disclose a list of questions b4 hand i know some mental health patients are entitled to this.

[JonCris]

If your prepared to have your benefit application declined or benefit stopped you can refuse to attend the interview.

 

They are not the police & strongly advise you decline their offer.

 

If they stop or refuse your benefit you can appeal

 

Also be very careful what you state here as they DO read this forum

[huggys boss]

How often does your girlfriend stay over night at your place?

 

I know that they used to have a rule whereby if you and your partner stayed under the same room for x amount (can't remember if it was 3 or 4 nights) of nights out of 7 you were classed as living together.

 

Is there a reason you are worried about your bank accounts?

 

It is probably best to be as honest as you can with them. If you don't think you have broken any rules you should be ok.

[JonCris]

I'm not suggesting that you be dishonest but anyone you assumes that just being honest with the DWP will hold them in good stead is mistaken.

 

They will repeatedly threaten & what you do say will be misconstrued to suit their scenario & this is why I recommend refusal to attend as the best option

 

If they do charge it will be a sec 11 rather than sec 12 which means you won't be able to elect to be tried by jury (when you would be entitled to legal aid) but will appear before the magistrates who are notorious for rubber stamping such allegations

[mcnobby2002]

the reason i don't like the idea of them going into my bank account is not that there is anything in there i just feel like i am being invaded for no reason other than a malicious rumor and that really irks me. i have no criminal record(not even a speeding fine) and yet here i am at the age of fifty three being accused of fraud? it's hard enough to make ends meet as it is without having to put up with this and to top it all i have now been sent another form from the income support people asking for the same info i have given them for the last three years and telling me i may have to have another medical to determine if i am unfit for work> it's a pity george orwell is dead he would have gotten a kick out of seeing this so called free society we live in where you are presumed guilty until such time as you can prove otherwise. it seems that if you fight back that is enough reason for you too be assumed guilty.

[huggys boss]

I can completely understand your feelings re your bank accounts. They should be private and personal !

 

If you have not done any work you should be ok.

 

You might have to explain how you were able to help with a paper round while you are claiming due to an illness.

[Gazza112]

mcnobby

 

I know what you mean about the bank accounts its unfare and they shouldn't go into them but they do!!!!!!!!!!. What i don't like is after the interview, they keep all the copies of any Bank or Credit Card Statement which they might of pulled which any of there staff can access. My advice is after the interview is to set up new bank account details.

On the one and two people being prescent, One is for a minor offence and when they have two it under caution. So someones given them info on you.

 

Gaz

[JonCris]

I repeat that despite what they might say you don't have to attend & if they stop your money you can, as well as asking for loan, (robbing Peter to pay Paul you might say) appeal against the decision & if you win any accusations have to be dropped & your benefit restored

[huggys boss]

I repeat that despite what they might say you don't have to attend & if they stop your money you can, as well as asking for loan, (robbing Peter to pay Paul you might say) appeal against the decision & if you win any accusations have to be dropped & your benefit restored

 

 

That is all well and good if he has savings or another income to support himself with, and if his claim to benefit is stopped he propably won't be entitled to any sort of DWP loan.

[saintly_1]

Thread moved to the Benefits Forum

[Guest dvdriley]

joncris... whislt they are not the police they have more powers. Any interview under caution you can have legal represenation. The fact it is under cautuion means they will tell you this at the start of the interview. You are entitlted to free legal advice. I think the legal aid board may refuse to pay a solicitor for interviews under caution unless they are held in a police station. Contact a crminal solicitor for confirmation. If i am correct ask for the interview to be held at a police station. If not attend the interview and refuse to answer questions. The courts could interept that as guilt however but that would be chucked out as your defence would be you did not have legal advice. Believe me , I know this.

[JonCris]

That is all well and good if he has savings or another income to support himself with, and if his claim to benefit is stopped he propably won't be entitled to any sort of DWP loan.

 

 

It will almost certainly be stopped anyway & he WILL be entitled to a loan. They can't let him or any family he may have starve

 

The DWP Fraud Dept are on a mission (+ bonus) & they will attempt by fair means of foul to convict anyone suspected not just of fraud but also of claiming the wrong benefit which may even be less than their true entitlement

[JonCris]

joncris... whislt they are not the police they have more powers. Any interview under caution you can have legal represenation. The fact it is under cautuion means they will tell you this at the start of the interview. You are entitlted to free legal advice. I think the legal aid board may refuse to pay a solicitor for interviews under caution unless they are held in a police station. Contact a crminal solicitor for confirmation. If i am correct ask for the interview to be held at a police station. If not attend the interview and refuse to answer questions. The courts could interept that as guilt however but that would be chucked out as your defence would be you did not have legal advice. Believe me , I know this.

 

 

There is NO free legal help whatsoever & in fact the accused will be told repeatedly they don't need it. Also they do not have more powers than the police. Like any ordinary citizen they can either caution when questioned or arrest someone whom they believe has already committed an offense.

 

They cannot, unlike the police, arrest on suspicion nor can they like the police demand you to attend anywhere to be interviewed under caution. This can only be done by consent

Edited September 28, 2008 by JonCris

[The GodMother]

JC.

 

I hate to say you are wrong about this but you are.

They DONT stop your money whilest under investigastion i know his as i go to interviews with ppl and they still get there money.

 

Also my EX tried to make fault allergations about me working whilest i was pregnant and My partner and i were called in for interview we still got our money 2 weeks later and still are claiming our money. The DWP have told us that nothing more will happen due to the allergations being faulse. We had evidence we were else where when my ex claimed we were working.

 

The DWP have even said they have wrote to him asking for him to prove the allergation and as a result of him saying he cant they have dropped it. He made the allergation as i was shopping in Norwich with my partner and our son for clothes for my daughter and as revenge for me being behind a counter counter which was un manned and looking at tights.

 

In relation to the amount of interviewees it depends on your location. I know i was only interviewed by one person and so was my partner also everyone i have ever gone to a interview with has only been interviewed by one person.

[huggy41]

hi gd good advice from you will give you a tickle in a minute.

 

i had the interveiw letter along time ago rung them up they could not discus on the phone but could come to my home if it was more convient for me. yes it was i said and they came and they had the cheek to say i was having my girlfriend liveing with me . i said who told you that ?they said they were not allowed to say and did i have anything to say in my defence i said no but i bet my bl--dy wife does and in she popped and out they went

Edited September 28, 2008 by huggy41
red wine

[JonCris]

So have I godmother & I can assure you they will stop payments if there's the slightest hint, whether true or not, that the claimant has allegedly broken the rules & it's very difficult if not impossible to prove a negative such as "Mr Smith when did you stop beating your wife"

 

Also it's right after interview that payments will probably stop