Interview under caution....help

[jz1900]

I have to go for an interview under caution as I didnt inform the benefit people that my daughter had come back home , she was a mature student till last week, it was a simple mistake, my son was seriously ill in hospital and my dad was dying of cancer, when she moved back home. She was studying at a uni hundreds of miles away....it was the last thing on my mind.

 

Obviously there was no reason,other than an oversight, no monetary gain, she was a student and exempt from Council tax anyway.

 

 

im terrified of these people, and cant find a lawyer or anyone to go with me. Will I be ok on my own? I have a letter from her Uni proving she was a student.

 

Thanks

[stressedoutmumma]

Hey not sure im much help but i had my IUC on tuesday. it wasnt too bad but dont let them 'bully' you into something they want you to say, the lady at mine kept trying to get me to say that i didnt let them know my partner had worked (for a month) because i knew i want entitled to the money but i honestly forgot! I have been suffering from PND and gave birth in the month i had forgotten to let them know.

I went on my own because i felt i could explain why and i didnt have anything to hide.

Sorry this is abit rushed if theres anything else i can think of that will help i shall be back online later and im sure loads more people will be happy to help you.

[jz1900]

Thank you so much.

[stressedoutmumma]

Oh and also the lady said im looking at a 30% fine and overpayment. when is ur IUC?

[jz1900]

Next thursday. I dont think I have overpayment to worry about as there hasnt been any, its only that I forgot to tell them my daughter was back home. but as i say, she was a student, so exempt.

 

Happened to my friend with her son, but all she got was a letter asking her to explain, that was different council though.

[mksue]

If there is no overpayment you have nothing to worry about ...so dont fret over it

 

I went to a IUC last year as I didnt tell them I had an increase in tax credits.My fault,but I thought they would find out automatically via tax credits.The IUC was a horrid experience being taped etc.I walked away with paperwork telling me they could do one of three things.

1.. A caution with overpayment to be paid immediately

2.. A caution with overpayment paid plus interest

3.. They would take me to court

 

Guess what ???? yes they took me to court. I had to wait and worry for nearly six months for this to happen.

When I went to court the case was adjourned two times for this that or the other.On the 3rd time I waited from 9am until 5pm for my case to be heard.I had a good solicitor who luckily did all the talking for me.

I didnt even know it ,but they had already started taking the overpayment back from my council benefit anyway .This I found out at the hearing.

The judges were very understanding ( I had gone through two operations for cancer at the time of my lack of telling the council of changes ) So,in the end I had to pay the council court charges on top off what I was already paying back. £730 at £20 a month.

 

Again,my case was much more serious than yours is ...so I stress to you..dont worry...I dont really see the need for them to treat your case this way but Councils have their own rules !!!

[jz1900]

Thanks for the replies guys, I really appreciate them. Can they do anything to me for simply not telling them she was living at home does anyone know?

[Bustard]

" but dont let them 'bully' you into something they want you to say, the lady at mine kept trying to get me to " Stressed Out Mum

 

that's very important , they are under a lot of pressure from on very high to fire leading questions at you to elicit a desired response .

 

If you feel you are being bullied and there's all different types of it , subtle bullying / verbal / psychological etc and / or the questioning is too repetitive - say so for the tape , call their bluff and assert yourself as politely as possible to keep the moral high ground . They probably won't like it ....but tough .

 

A Judge in a court sometimes wouldn't like Barristers leading the witness .

 

What they're after is for you to admit that you knowingly , wilfully or dishonestly failed to disclose .

 

Basically it's all about them having you on their territory and not knowing the rules of the game which they've had a lot of practice at .

 

You are at the end of the day , just another number , another case . I accept some one has to do the job though .

[ErikaPNP]

Thanks for the replies guys, I really appreciate them. Can they do anything to me for simply not telling them she was living at home does anyone know?

 

Yes. There may be an overpayment of benefit. Your daughter would have been classed as a "non dependent" on your benefit claim, had you informed them she was living there. There can be deductions made to benefit for each non dependent who resides in the household.

 

If there is an overpayment, you will be required to repay this (probably from deductions to your current benefit).

 

There can also be further sanctions in addition to the recovery of an overpayment but this depends on a number of factors, such as how much the overpayment is, how long it was not declared for, whether there are previous similar incidences on your claim etc.

[jz1900]

Even if she is a student and exempt from council tax?

[ErikaPNP]

Is this solely to do with council tax benefit, or does it involve housing benefit as well?

[jz1900]

Both I think, but its not clear

[ErikaPNP]

For housing benefit, there is only an exemption for a non dependent deduction if:

 

• the non-dependant is in receipt of Pension Credit
  
• you or your partner are aged 65 or more and the non-dependant is a full time student,
  
• you, or your partner, are registered blind or treated as blind (see page 69 or 71 for an explanation of being treated as blind) or
  
• you, or your partner, are receiving the care component of Disability Living Allowance or Attendance Allowance in respect of yourself or your partner or
  
• the non-dependant is aged 16 or 17 or the non-dependant’s normal home is somewhere else or
  
• the non-dependant is in receipt of a training allowance or a YTS scheme or
  
• the non-dependant is a full-time student (but deductions may be made during the summer vacation if the student does any paid work in this period) or
  
• the non-dependant is a prisoner or
  
• the non-dependant has been a patient in hospital for 52 weeks or more. If the non-dependant leaves hospital but is readmitted to hospital within 28 days their total number of days in hospital are added together
  
• The non-dependant is in receipt of ESA(IR) which does not include a component.
  

No deduction should be made from your rent rebate or allowance if the non-dependant is under 25 and on Income Support or income based JSA.

A deduction may be delayed for 26 weeks if you or your partner are aged 65 or more and a non-dependant moves into your home or the non-dependants circumstances change to increase the deduction.

 

For council tax benefit, there is only an exemption for a non dependent deduction if:

 

• the non-dependants' normal home is somewhere else
  
• you, or your partner, are registered blind or treated as blind (see page 69 or 71 for an explanation of being treated as blind) or
  
• you, or your partner, are receiving the care component of Disability Living Allowance or Attendance Allowance in respect of yourself or your partner or
  
• the non-dependant is receiving Pension Credit,Income Support or income-based JSA or income-related Employment & Support Allowance
  
• the non-dependant is a prisoner or
  
• the non-dependant is severely mentally impaired or
  
• the non-dependant is over 18 but Child Benefit is still payable for them or
  
• the non-dependant is a student nurse or apprentice or on Youth Training or
  
• the non-dependant has been a patient in hospital for 52 weeks or more. If the non-dependant leaves hospital but is readmitted to hospital within 28 days, their total number of days in hospital are added together or
  
• the non-dependant is living in a residential care or nursing home or
  
• the non-dependant is a care worker
  
• the non-dependant is a resident of a hostel or night shelter for the homeless or
  
• the non-dependant is a full-time student (even if they work full-time in the summer vacation).
  

A deduction may be delayed for 26 weeks if you or your partner are aged 65 or more and a non-dependant moves into your home, or the non-dependants' circumstances change to increase the deduction.

[jz1900]

My daughter was a student nurse, shes just finished her course now.

[ErikaPNP]

In that case, for housing benefit, if she was on Summer Break at the time she was staying with you and doing paid work, there may have been a non dependent deduction for that period, had you declared the change in your circumstances.

 

For council tax benefit, there would not have been a deduction.

 

They may argue that they cannot do a retrospective claim calculation where there has been failure to declare and that you have still been overpaid on both; I've seen this happen with other cases where people have argued that there would not have been any monetary gain.

 

Bring the letter from the University which prooves her student status for the period she was living with you. They might give you a harsh warning and a reminder that you must declare all changes, but if there was no monetary gain, and there is nothing else against you I can't really see that there is much else that they can do.

 

Remember that they may not yet be aware that she's a student thus exempt. It's very important that you bring that letter with you and explain very clearly to them that you didn't realise you had to declare changes unless they actually affected your entitlement, which this does not appear to.

 

I know that the award notices advise you must declare changes but I'm also fairly sure that it is stated you must declare changes which affect your entitlement. Have a look at your most recent award notice and see what it says about this.

[jz1900]

Thanks, I have the letter from her uni, will of course take that.

[jz1900]

Interview is this morning, will let you know how it goes. Wish I had someone to take with me