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Soooo Scared IUC....


milly67
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Hi everybody,

I really hope someone can help me.

I recieved a letter a few weeks back saying by our records show your daughter is now 19 if she is in education please fill out form if working please supply wage slips.I sent wage slips but i genuinly didn't realise i had to tell them about my daughter i just thought she is my child(naive i know)she worked a couple of hours a day to save money before she goes to uinversity in sept. i recieved a letter saying i have been over paid housing benefit £981 and council tax benefit £307 i immediately phoned the benefit office i sorted out re paying the council tax and will be cleared by july 2010 i then spoke to the housing benefit and they said they will deduct £14.90 per week from my benefit i then contacted my landlord and upt my rent to him as he will be out of pocket.I then recieved two letters to the agreement on re paying housing and council overpayment.So i'm really confused why i have now recieved a letter to attend the interview under caution.I feel sick with worry please can someone help me.

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Hi Milly.

 

I'm not sure what it is that you need help with - is it the query of why you are invited to an IUC when you have agreed to repay?

 

If so, the answer is that they can still do an IUC where repayment has been agreed, and can still give a penalty if they decide you have been overpaid as the result of fraud.

 

Are there any other questions in regard to this that we may be able to help answer?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thankyou for your reply yes i was confused as to why i was having to go even though im repaying i'm scared they wont believe it was a genuine mistake because it was. I'm scared they are going to frighten me into saying things that aren't true. i'm a nursery school teacher and worried it will go on record for when i have to have a criminal records check.

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Hi milly67, whilst this is not my area of knowledge, I would suggest you have a couple of things in your favour.

Firstly, a willingness to be completely honest about what has happened, then a desire to repay, which you are doing. And finally, the comparatively small amount of overpayment.

I would expect that you are more likely to receive a caution - which is not recorded anywhere outside of your records, I believe, and would not affect your CRB. Maybe a small financial penalty.

I'm sure others will confirm or correct me. I'm going solely on what I have read in this forum recently. In fact, if you have a look at similar threads to yours, you will probably find what I'm talking about...

Best wishes

Rae.

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If you have never done anything like this before, taking into account the sum of the overpayment and the fact that there was no intention to defraud, it is unlikely that a prosecution would be considered.

 

Less serious types of fraud are dealt with by administritive penalties - this is a financial penalty on top of the overpayment. Cautions are also given in some cases; this is not a criminal caution and only goes on your benefit file, thus it would not appear in a CRB disclosure.

 

No-one can guarantee that you would not be prosecuted, as it's not a decision that we make, it is a decision DWP solicitors make. However given what you have stated it is highly unlikely. If I was a betting woman I'd say based on the information you have given, it would most likely be out of all three, an admin penalty - but it isn't my call.

 

Here is a link to sanctions

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thankyou Rae, this is such a horrible feeling my interview is not for 3 weeks but i'm going to phone them tomorrow morning to ask for an earlier appointment as i can't go on feeling like this. Ive read else where they will have all my bank statements at the interview is this true? i hate to feel like a criminal and them looking into everything. I hope it will be a fine i'm scared it will go to court.

milly x

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They can get your bank statements, yes and many other documents that are usually protected under the DPA. They only do so when necessary to prove the fraud. They may not have them in this case.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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See Erika's post above hunni. :)

Best wishes

Rae

 

[EDIT: Actually, now the one above the one I seem to be referring to ... ;) ]

Edited by RaeUK
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No problem. I see I cross posted with Rae there - sorry, Rae.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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No worries Erika - except it now looks like I'm referring to the wrong post! Doh! Oh, the joys of the innernet...

Best wishes

Rae

 

[Glad you're feeling a little better milly67 :) ]

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Sorry me again because i'm so worried and its all do to with my daughter working i have gone into panick about my son now! He is at college fulltime he is 16 years old but has a weekend job does this affect my housing benefit too? i'm so frightened that will be another thing i have done wrong.

millyx

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Hi Milly. Do you still get child benefit for your son? If so, then this should not affect entitlement.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Yes i do. What do i do Erika? do i phone and tell the benefit people before my IUC? or if not when do i tell them he has a weekend job? Or do i wait until he leaves college to tell them what he is doing? milly x

Edited by milly67
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You are probably getting bored of me now!!! So sorry another question! If i wait to tell them when he leaves college do i back date to when he starts? or go from when he leaves college?? Sorry again xx

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You should tell the benefit section now that he attends college, has a weekend job and that you still get child benefit for him, and are unsure whether you need to declare it as you didn't realise you had to advise about the change of circumstances regarding your daughter, and now have an overpayment.

 

By telling them you are showing that you are declaring a change in circumstances and are uncertain if this will affect your claim, but are making certain they know so as to avoid any mistakes like the last one.

 

Because you still get child benefit for him it should not make a difference to your entitlement. The general rule is with all benefits, declare all changes in circumstances and that way, you don't get caught short with an overpayment or fraud query later.

 

I get DLA for my daughter. DLA is not income based and is not affected by who lives in the household. But if a partner was to move in, I would have to declare it, even though it won't affect her entitlement.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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