Interview under caution, freaking out, please help

[RaineTree]

I received a letter today for an interview under caution regarding my housing benefit. The man on the phone was pretty unhelpful but I managed to find out that they think I have wrongly been claiming housing benefit because I started work in November. At the time I was receiving income support as well as HB and I phoned them up (IS), gave them my start date and said I wished to cancel my income support. I was told I would receive confirmation in the post and thought that was that, I had let the DWP know what I was doing, seeng as I was also claiming for tax credits at the time and told them I received HB I was under the impression that it is all sorted out in the entitlement they work out for you. I continued to receive HB, but as I am a single mum on a part time wage I believed that the amount I was receiving for HB was correct, I also assumed that they would contact me since I had phoned to inform Income Support and told the tax credit people I was on HB when I began my claim with them. Having done a calculation online I now realise I have been overpaid by about £30 per week for the last 5 months. I have not in any way intended to claim money I am not entitled to and I am terrified that they are going to say I have, I have no issue paying back anything I have been overpaid, however I am a social work student and am really worried this might impact my course. I have to stress I do not want to take money I am not entitled to and feel sick at the thought I am beng accused of fraud.

 

Has anyone else been in a similar situation? It has been a true mistake on my part but now I am scared they are not going to see it that way and take more action against me, the guy I spoke to today was really intimidating and would hardly give me any information. What is the likelihood that this is going to be taken further? Or is it likely they will simply accept that a mistake has been made and allow me to begin repaying any overpayment (which although not tiny is hardly thousands of pounds)

 

I am really unsure as to why this has resulted in such a serious response, surely if they had thought I was getting the wrong amount they could have written to me to clarify and say that there had been an overpayment first, and given me a chance to investigate that with them before getting so heavy handed? It feels like they have missed a step out here and that they are using a sledgehammer to crack a nut. I am really very worried about the possible effects this could have on me so any advice would be greatly appreciated.

 

Thank you so much.

[ErikaPNP]

I'm afraid that the responsibility lies with you as the claimant to inform the council of your change of circumstances, not Income Support.

 

Income Support is administered by the Department for Work and Pensions

Housing benefit and council tax benefit is administered by the Local Authority (council)

And tax credit by Her Majesty's Revenue and Customs.

 

You would need to contact HMRC too about your change in circumstances to amend your tax credit claim.

 

When someone fails to declare a change in their circumstances to the relevant department and thus receives benefit that they are not entitled to, it is automatically fraudulent, so they haven't missed out a stage. However, it is rare that court action is taken where an overpayment is less than £2000 in total.

 

Where they decide to go from here, only they can say. In the link is a copy of the sanction policy, produced by DWP. Although this is produced by the DWP, Local Authorities in practice, broadly follow the approach of DWP in relation to sanctions.

 

Sanction Policy click here

 

Like I mentioned, prosecution is rare in cases where an overpayment is less than £2000 and there are many other factors that would be considered before any prosecution would be pressed for.

 

In regard to "cautions" - these are not the same as police cautions, and are only placed on your file for benefits purposes. This type of caution if you were to receive one, would not affect your course or future employment prospects as it does not go on the PNC, only departmental systems for benefits, so it would not appear in a CRB check.

 

Usually in cases where the overpayment is below £2000 and the case is not serious, an administritive penalty is applied.

 

In all cases the overpayment has to be repaid - you should be able to repay in installments.

[rebel11]

O.K. help has arrived

[RaineTree]

Erika - thank you so much for your response. My brain went to total mush this afternoon, but what you just wrote makes so much sense - I can't believe i've been such an idiot, I really thought they were all administered by the same body.

Well clearly I have made a mistake and I am more than prepared to rectify it by paying back any overpayment. I think I shall have to go and hold my hands up, explain what happened from my end and see what they want to do. I was very worried this could effect me in terms of my course (I am on a gap year from my studies, ironically to try to earn a bit more money and make myself in a better financial position to finish the course), but what you have written here has put my mind at ease a little. Thank you for the link, that was what I was trying to find but was in such a flap I was not sure where to search on the DWP website.

 

thank you.

 

Rebel11 - And very much appreciated

[ErikaPNP]

There should be no problem in repaying the overpayment (and admin penalty if this is what they apply) in installments. When the overpayment is worked out - this is done by a decision maker, not usually by the people who perform the IUC, explain your financial situation to them to come to a realistic agreement for repayment. It may be worthwhile speaking to Money advice, AKA Income Maximisation Service AKA Welfare Rights to do an income and expenditure with you and to negotiate the repayment plan on your behalf. They can also do a benefits "health check" - this is where they go through everything to make sure that you are claiming all you are entitled to and to assist you in applying for benefits you may be entitled to but don't know about.

[RaineTree]

Erika - Thank you. It is a worry as I am not exactly rolling in it, one of the reasons I found it so surprising that i've been overpaid in the first place. Things are tight already so less money AND paying back more is a little daunting but I will do what needs to be done, and look into a benefits 'health check'.

 

I appreciate your advice and quick response.

[commiekips]

Never assume that the DWP are going to do you any favours or fail to miss the slightest hiccup you make, beit intentional or otherwise.

[honeybee13]

Commiekips, how would you suggest the OP deal with this, please? Your comment sounds rather negative.

 

HB

[commiekips]

Not negative at all, rather, some people think because they speak to someone nice on the phone or behind a desk that they're going to get some favours or a leg up etc. It's a fact that these days people are doing their jobs to the letter of the law for fear of litigation should they screw up in any way.

 

We live in an age of I'm-all-right-Jack and you need to be aware that when the **** hits the fan you're mostly on your own. Advice I would give to anyone is this: Learn as much as you can about the system you're trying to work with because it's a labyrinth and easy to fall into a pit unless you know where they are.

[loopinlouie]

I dont agree with the 'mostly on your own' commiekips

 

After all poster has cag now.

 

I do notice your comments also tend to be negative for the sake of something to say. Whilst facts sometimes are negative in that not as rosy as would want to hear, but still fact , it is good to try and post help in a postive manner occassionally, it helps with moral if anything and reminds posters they are not on their own as some like to rub in.

[RaineTree]

Commiekips - aint that the truth! I found them to be rather unforgiving at what was a genuine mistake and pretty scary to boot.

 

Loopinlouie - thank you for that, although I am a big girl and I know that at the end of the day it is me on that form and ultimately me who has to take the responsibility. I do think that comments which rub it in are unhelpful though because at the end of the day we are all human and sometimes we make mistakes. I never intended to overclaim and am still not convinced I overclaimed by much at all. Its not an easy situation because I realise why the rules are there but I do think it is crazy that there are so many different bodies with different rules and no seeming apparant communication - although saying that they were really rather nasty today saying there was no way they could have known I had started work without me saying - to which I replied then how did you realise Imight have been claiming wrong? What upsets me and I said this to them today, was why on earth could they have not written to me asking me to confirm some details because such and such was the info they had and given me an opportunity to say hang on no actually that isnt right, before starting a fraud inverstigation? It seems so heavy handed. I was very upset today at the interview and was ashamed of crying, sometihng I tried so hard not to do, but I have never been in trouble my whole life and this felt criminal, especially since they actually did the 'good cop, bad cop' thing on me!

 

Hopefully it will be sorted, the worst part of it is going to have to be explaining to my boss why I wasnt in work today (I requested emergency A/L to sort it out). Very embaressing, and I hate to say it but mud sticks.

[loopinlouie]

'rub it in' was not aimed at you, but you did say you were freaking out. Glad your okay and I am a big girl too, way too big actually:D

 

Best wishes xx

[RaeUK]

The difference is that the system is not the people - or vice versa if you'd like. The most important thing is you and how you inter-relate with the DWP. Politeness, understanding, intelligence, humility, these are our currency and they yield a dividend way more than they cost. I don't have a single bad word to say about my BDC. They have been fantastic in the innumerable times I've contacted them. That I have suffered 17 months of benefit mayhem is absolutely not their fault. It is the system they have to work with.

Honesty is always the best policy. At the lowest common denominater it is down to us to forge a relationship with them.

I have said elsewhere that my second application to ESA was accepted. I said that I was notified by a phone call from the DWP. [unusual I suspect]. What I didn't say was that it was a personal call from the Manager. [Even more unusual I suspect].

It's all about being human and building relationships. I don't doubt for one minute that the people who work within the system appreciates the limitations.

Best wishes

Rae

 

[Apols if this post sounds off-topic. It was inspired by commiekip...]