Interview under caution

[emma251101]

Hi there I wondered if someone could help me I had a letter this morning saying that they suspect my claim for council tax benefit could be fraudulent and that I have to go in for an interview under caution. They won't tell me what it's about but I think it is because I have been claiming as a single person but I have a boyfriend he doesn't live with me he has his own place which he pays rent on and council tax, he does stay with me sometimes but I recieve no money off him and I pay all the bills. I think someone has assumed he is living with me and called the council about it. We've only been together about 9 months and he's only been staying here the odd night for prob the last 5 months so the amount of benefit in question wouldn't be a large amount. I have recently found out I'm pregnant so we have talked about him properly moving so I wouldn't have been claiming the benefits much longer anyway. I'm so scared what will happen to me I have 2 young children and I'm expecting my 3rd I'm worried it may go to court and I could go to prison! Can someone please help me

[Bookworm]

You don't have to worry about anything. Just go in calmly, show them proof that your BF does have his own place (get him to give you a copy of his rent agreement/council tax bill) and say nothing about him possibly moving in just yet as it hasn't happened, it's irrelevant to their enquiries.

 

You're quite right, someone probably reported you for having him living with you. You are in fact entitled to both a social and a sex life even on benefits, so stand firm and stop panicking, you are not going to prison. Even if you HAD been cheating the system, at worst they would make you agree to repay the excess benefit for the period in which you had cheated, it is in noone's interest to send you to jail, not pay the money back, get the kids in care etc, that would be completely counter-productive, think about it! Much easier and cheaper to get you to repay the money and sign off benefits.

 

However, the above is ONLY if you had been defrauding, and if we go by your version of events, you haven't. You are entitled to have a boyfriend, you have the right to have him over now and then, and since he has his own place and proof he lives and pays there, you have nothing to worry about. Just tell them that yes, he has stayed the occasional night, no you don't live together and you don't know yet whether that will happen or not, but if and when it does, they'll be the first to know.

 

Remain polite and calm, and remember you have done nothing wrong so don't let them worry you, ok?

 

Let us know the results. ;-)

[emma251101]

Thank you so much for your advice, in all honesty I can see why it would look like he lives with me, he comes to mine straight after work sometimes, then will stay till quite late at night, and in the last few weeks he has stayed more than normal down to finding myself pregnant and having a slight bleed. I was worried because unless someone has been sat outside my house filming him leaving I can't prove that he doesn't live here! I really did think (very stupidly) that you were ok to have someone stay with you as long as they weren't contributing to my bills etc, and the fact remains, on his wage, once he's paid his rent and bills etc there wouldn't be any money left to give me any! I was thinking if I showed them my bank statements it would show that there's no extra money going in and also that all my bills, shopping ect goes out of my account. Sorry to go on I'm a natural worrier anyway, and now the pregnancy hormones have kicked in it's 10 times worse, stress just really gets to me and I know that I can't let it now that I'm pregnant.

Thank you once for taking the time to make me feel better

[Bookworm]

Honestly, don't. If he didn't have his own place, then you'd have problems, but as long as he can show he's got his own, that's it. Just say that, that he has been staying a bit more lately because of the health issues, but don't let them bully you into signing off benefits, they have a nasty habit of doing that. If they put on the pressure, then call their bluff and tell them to take you to court if they think they have a case (they don't, and they know they don't, as your BF can prove he lives elsewhere, there are no bills in his name where you live etc). Stand firm and they'll back down, honestly. ;-)

[emma251101]

Thank you so much, I've just sorted out a solicitor they're going to call me back later so I'll know more then. I think the worse thing is the letter makes it sound so serious and the whole 'interview under caution' sounds so scary, I've never had to do anything like this before and when you ring up they won't tell you anything about it! They don't even tell you about taking a solicitor with you I've only found that out from searching the internet for advice

[doodoo04]

Oh yes...do bring a solicitor with you. I had an interview under caution a couple of months ago and my solicitor helped out quite a lot. They dealt with these causes many times, they know when to stop an investigator and they can disclose the information for you on the day of the interview before the actual interview begins so you can discuss with the solicitor on the defence to use. It has been reaaly useful and my solicitor reaaly calmed my nerves a lot.

Try to stand up for your cause. The investigator will try to make you tell what they want and the way they pose the questions might sometimes push you to say things you shouldn't. Keep calm, organise your thoughts before answering and do bring all your documents to prove your partner has got a life on his own... For the rest, I am pretty sure you will be just fine. I don't believe they have a case against you to take you to court... And ...Good LUck. Let us know of the outcome.

[HarrowLady]

Ive been through this myself so know how you are feeling. Your solicitor will help and guide you through. You can stop the interview at any time for a break and as the other people have said dont let them bully you because they will try.

Dont let them

If they "suggest" that they have photographic evidence...(you mention you thought you were being filmed)...ask to see it..they might well not have.

And if they do produce this evidence....it could well be when your boyfriend was visiting, do they also have the evidence of when he left, not just when he arrived!

 

Remember, they have to prove your boyfriend lives with you.

You have the evidence he doesnt.

 

Good Luck!

 

PS. In my experience also they would have also sent you an overpayment demand if they had the evidence that there was one. which you would have had a month to appeal...(if they do, make sure you do so within the month)

[emma251101]

Thanks all of you, I really do feel a lot calmer now especially as I know I'm not the only one this has happened to. I have had no letters yet to say that my payments will be stopped, god knows how i'll survive if they do. Thinking about it, it isn't a great amount of benefit that will be in question I don't recieve housing benefit so will just be the council tax benefit and I don't get the full amount of income support as my ex husband pays maintenance to my 2 children, at one point I only got £6 a week in income support. I was under the impression they only imposed the heavy penalties where a lot of money in benefit has been in question. Thisfeels so horrible I haven't cheated the system in anyway, yes I've had my boyfriend stay over but he doesn't contribute to my household bills or anything, I struggle enough as it is I have had no option other than to be on benefits since my husband left, there are no jobs and certainly not any that fit around 2 young children! God I'm really going on lol! All your advice really has made me feel a lot better thanks again