'Inteview under caution' for HB 'indescrepancies'- I made a mistake. Help!

[CuriousCat?]

Please help!

 

I have just realised I have made a stupid mistake with the date i told Housing Benefits I moved out of my last address (which was a different local authority to the LA I now live within).

 

This is because I had a week overlap in addresses. I had no choice, or risk not finding anywhere to live when my tenency was up (I am a private tenant living in London).

This confused me, and I managed to put the wrong date in my letter.

 

I mistakenly sent a change of circumstances letter to the previous LA stating I moved out 1 week later than I actually, technically did.

I had paid rent up to that date, as I was contractually obliged to so (or risk losing a months deposit).

 

This was a genuine oversight as I suffer from longterm depression and anxiety and am not able to keep on top of things very well, and that was the date my old tenancy officially ended and was paid up to by me so I didn't think of it properly at that stressful and desperate time of upheaval.

 

I have in the meantime been payed housing benefit by my new LA from the begining of my tenancy which was the date I moved in, so this means that I have incurred a housing benefit overlap of 7 days.

 

I only realised my error when I received a letter the other day from the fraud section inviting me to an 'Interview under caution' and so I looked into what on earth this could be about, thinking it must be a mistake.

This is obviously the problem.

They said (the old LA) in the letter that they had found a 'discrepancy' in my change of circumstance details.

 

I have paid this amount back to them in full already without being prompted as I obviously owe it.

But I am so horrified that I could be accused of fraud.

I intend to write to them also, explaining my error but am terrified that they will still want me to go to this interview and accuse me of misleading them (which is obviously how it looks to them on paper) and want to take me to court.

I feel so stupid for not realising my mistake earlier.

And so depressed about being in this situation in the first place and being so depressed. It's a nightmare.

Please help!!

I feel absolutely sick with worry. I am having panic attacks and cannot sleep.

I have heard how unreasonable they can be and due to my illness I cannot possibly imagine how I would be able to handle myself if I am forced to go to this interview, and prior to that find representation to help get through it, it feels too daunting and overwhelming.

 

Can anyone advise me on what may happen? Are they likely to drop the matter once they receive my letter of explanation and see that I have re-payed the money and it was an innocent mistake? Or are they totally heartless and bloodthirsty? (Which is my fear)

 

[sunny jim]

You state you have made a factually incorrect statement regarding the date of move. The issue in question therefore is why & whether or not you did it deliberately to obtain the extra benefit.

If you refuse to attend the Interview Under Caution, the Council may feel they have enough evidence to take the case to court anyway. If you attend the interview you have an opportunity to give them your explanation. Take a friend for moral support.

 

Assuming you have previous good character it is unlikely for such a low value case to go to court. They are more likely to offer you a Sanction as an alternative to prosecution. If you refuse a Sanction they retain the right to prosecute you.

 

To receive a Formal Caution you must fully admit the offence when interviewed under caution. The other Sanction available is an Administrative Penalty - a sum equal to 30% of the overpaid benefit.

A record of the Sanction is then kept on a National Database.

[CuriousCat?]

Thank you for your reply.

But if I've rectifyed my mistake and explained it before the interview date and can show proof that I did indeed pay for my last address up to the date I told them but at that time didn't realise of the overlap, is it really necessary that they proceed to penalise me? I am so ill and cannot cope with the pressure. There is no way I could go on my own and I do not have anyone else to go with, and from what I've read on these posts I would only feel comfortable with a legal representative as they will undoubtably be awful to me.

And could you explain a little more about what a 'sanction' would mean and how long it would be held for?

[CuriousCat?]

By the way I do have previous good character.

 

I just made a silly error and mixed up my dates.

[kinkyklee]

stop worrying its not all that bad you havent stolen thousands like some are doing are you...firstly calm down and remember nothing is as bad as it seems...go to the interview tell them the truth if that makes u feel better and wait the outcome...dont let them talk down to you show them you need to be respected and not belittled as you are unwell and could do without these sleepless nites and stress etc....

accidents are allowed to happen and do...and at the time when people are moving property things get very busy and theres is other things at the top of the list to sort out...dont panic lifes to short

[Rosie1000]

I am in a similar situation. I received a letter asking me to attend an interview under caution, they are saying I have undeclared bank accounts. I do have one bank account undeclared, it is in permanent unauthorised overdraft, bouncing cheques all over the place. The only money to go into that account is from where I have been forced to sell some of my belongings, mainly secondhand clothes on-line in order to eat and even at that I am not making ends meet. I was getting HB but they were not paying the full amount, I was having to top it up with my benefit which was only £52 per week. After topping up my rent I was left with virtually nothing to live on and had to start selling things. The undeclared account was set up originally because I was going to sort out my other debts and start a Payplan repayment plan, I was advised to keep this new account totally separate from everything else, I planned to find another job and begin repayments. In the end, I never had enough money to even begin the Paypal plan so my other debts are continuing to spiral and now I've got this worry on top. I do not understand why i am being called into interview when I don't have a penny to my name. No savings, living in rented accomodation and selling the clothes off my back. What is the worse that can happen to me here, could I go to prison? I have depression also and this isn't helping. I have been claiming for just under a year. Any advice appreciated, thanks.

[Jack Daniels]

has anyone put money into any accounts under your name ??

 

eg a relative

[Rosie1000]

Yes once, about £200 and that was to pay for my rent. I am always late with the rent.