Accused of Benefit Fraud by Income Support

[ErikaPNP]

The issue here appears to be the letter they sent you, and whether it related to your employment or another change of circumstances. There is also the issue of the time period between commencing employment and informing them of this. One thing which makes no sense is how you know they think you owe them £15000.00. They don't usually work out an overpayment until it has been established that fraud has actually been committed, and how long for. As they haven't finalised their investigation it hasn't been established.

 

This is an example of a SAR:

 

SUBJECT ACCESS REQUEST IN ACCORDANCE WITH THE DATA PROTECTION ACT 1998

 

My REF: (National Insurance Number)

 

Please supply me with copies of all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. A copy of the initial original signed claim form.

2. Where there has been any event which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

3. Copies of letters exchanged between Income Support and myself in relation to all aspects of my business with you since the commencement of my initial claim.

4. Copies of all Recorded phonecalls exchanged between Income Support and myself since the commencement of my original claim.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

If their letter does refer to your employment and this can be proven, there may well be an overpayment but it won't be recoverable as there was no failure on your part to inform them, and the error is theirs - although they may be able to recover the sum overpaid between the date you commenced employment and the date you informed them.

[ErikaPNP]

You can ask them if they can defer the interview if you need to seek further advice from a solicitor or Welfare Rights Officer ect. but it's very unlikely that they will reschedule the IUC at this short notice, and certainly not for over 40 days, which is how long Income Support have to comply with your request.

 

I can't tell you what to do at the interview but I can give you an idea of what to expect.

 

You do not have to go to the IUC, you are not obligated to go. However this will not stop their investigation. I always say to people to go, see what it is about, and if you want to seek further advise once you know what it is about, then you simply tell them you want to leave and seek advice from your solicitor/welfare rights officer/other third party. You can leave the IUC any time you wish. Whether you go or not is your decision, it isn't one anyone can make for you.

 

You can take someone with you. You can take a solicitor or you can take an advisor such as a Welfare Rights Officer, CAB worker etc (you can find these people through your local council, it is a free service and it is not in any manner associated with the departments which pay your benefit or investigate benefit fraud). You can also take a friend or family member with you, so long as they are not part of the investigation. Anyone who is not in an official capacity (family friend for example) cannot speak for you or ask questions or guide you in your answers, they can only provide moral support, or they will be asked to leave.

 

Things to take with you:

 

 

• Bank statements of all accounts you have
  
• Tax Credit Award notice
  
• Childcare contract/receipts for childcare
  
• Rent agreement
  
• Council Tax Bill
  
• Payslips
  
• Employment contract
  

Anything else related to your finances or related to your communication with them about your benefit (letters from them to you, or copies of letters you have sent to them, if you have them)

 

You do not have to take these with you. However it will show the investigating officers that you are as keen to get this sorted as they are, and that you are not trying to hide anything. They may have accessed this information already, but not always. If you have them with you, they can eliminate other possibilities if they haven't yet accessed that information.

 

 

In an IUC, it is taped. You are entitled to a copy of that tape upon request. The copy they will keep for their records will be placed in a sealed bag, which you will witness. They are not allowed to intimidate you - and they wouldn't be so daft to as it is on tape. Some of the questions may seem accusotory or uncomfortable, but they are there to get to the bottom of things. The people who conduct the interview will begin by explaining how the interview will go - they will advise that you are under caution, advise you of your right to remain silent, ect and advise you that the interview will be recorded.

 

They may show you a copy of the form you completed when you applied for benefit, and ask if you understand the conditions of your claim (the need to report a change of circumstances, increase in income etc). They will ask if you have anything you wish to declare that is not on your form.

 

They will tell you what they suspect you are doing that is fraudulent, and they will invite you to respond to this. You may be shown evidence they have gathered in the course of their investigation and be asked if you wish to explain it. Remember, evidence is not always cut and dry. If they show you something which is completely innocent but looks damning, say so. Don't be afraid to speak up. Tell them - explain. This is your opportunity to tell them your side. You must always remember also that you are not obliged to say anything. You can stay silent, as is your right. You can also request a break if you are finding it uncomfortable and you also have the right to leave at any time. If you feel nervous, your mouth can go very dry - ask for a glass of water if this happens, and they will accomodate this.

 

They are not allowed to intimidate you in any way, and the interview is recorded, but only an auditory recording, so if the officers do anything that makes you feel uncomfortable for example: lean over you, speak up for the purpose of the tape. "Could you please step back a bit, I don't feel comfortable when you stand over me like that" they are unlikely to ask why it makes you uncomfortable but if they do, "Because you are a perfect stranger and I feel uncomfortable with you being this close to me" - that way it is recorded on the tape that although they said nothing intimidating, their body language made you uncomfortable. Please don't let this frighten you - it is unlikely they would stand over you, and if they did they probably would not realise they were making you uncomfortable - I am simply making you aware that you can speak up in the event that you do feel uncomfortable.