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Interview under caution for income support- what now?


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Hi,

I had an interview under caution today about my income support. They thought my bf was living with me.

It went on for 2 hours, i had a solictor with me who said that was the longest one she ever done!

 

The 'evidance' they had was...

 

. One bank statment from my bf which was addressed to my house (he has 4 bank accounts the bank account he uses is addressed to his mum and dads house where he lives. The reason his HSBC account is addressed to me is becuase he has a hugh overdraft on that account and doesnt want his parents to see he is in debt)

.They had a bank statement of mine from an old account that i no longer use. It had a DD set up for £15 a month into my bf account (In 2009 i was paying my BF £15 a month as he had a phone contract as my credit is bad and i was paying him for my phone)

. They questioned me about my ex giving me money for 8 months. When we split up he gave me £150 a month for my son for 8 months. They said i didnt delcare it. But i did call up and say and they told me that it wasnt a large amount and didnt effect my Income support.

.Also they had NHS records of my bf. He changed his doctors to mine just coz he didnt get on with his doctors and mine are good. Didnt think this would be a really big deal...stupid i know.

 

Anyway. I explained all the evidance they had. It was small stuff but quite simple. As i said his bank account he activly uses is addressed to his mums house. All other bills also go to his mums house aswell. Which is were he will live.

 

He does stay 3 nights a week....i admit there has been times he has stayed longer than three nights. I suffer from mental health issues and my bf is down as my carer on my DLA. As i said there have been times he stays more than 3 nights as i have needed support as i have felt quite low and wanted to end things. I have also been going thru a year long court battel with my ex husband about my son. He took my son away from me and it was a hard time and my bf supported me. The court case is now over and my son spends half the week with me and half the week with his dad. As you can imagen its been very stressful and horribal time in which i havent been well and needed support.

I told them all this today at the interview under caution.

My bf pays no bill, rent etc on my house. I pay for everything. I gave them and showed them all my bills in my name. I also showed them all his bills in his name like car insurance etc.

They questioned me a lot about him caring for me AS PART OF MY DLA and also about my pregnancy. I said that our realtionship became more serious when i found out i was pregnant and they kept asking what i meant etc. I said that in a way we wouldnt sleep with anyone else. They were making out as if we had been in a serious relationship all along. Before i fell pregnant he was more of a support than a bf. I told them this. I said to them that he has helped a lot with me. He stays a saturday night wednesday night and thursday night. The other nights he will see me but go to his home and sleep.

Anyway im just a bit worried what happens from here... i would love to hear other peoples stories of whats happened? Will they be spying on me now...im ill enough as it is and im pregnant and i dont want more stress. Im scared i will be jailed aswell. I didnt think i was doing anything wrong. If i thought i was i would hold my hands up.

Also will i get a IUC for housing benefit now? Im just so so scared what will happen and what the turn out will be?

 

Any advice i would really appriacte!

sorry its so long :(

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Sorry to hear your having a tough time. You seem to have explained yourself very well. The only bit standing out is that you have said your bf stays over on occasions more than three nights and ordinarily three nights. You see there is no set time which is regulary acceptable, many people assume three nights is okay when there is no such rule.

 

That aside you have told them of your illness and been honest and they have to take that into account.

 

I hope things go well for you xx You will get better advice later from those more in the know, I only pick up bits from reading other threads, but do know you have come to the right place and can keep comming back to this thread for more advice as need it :)

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I would have thought that as he has an acknowledged caring role for you then it would be part of this that some nights he has to stay to provide care- but perhaps that is too logical for them.

 

I'm glad you had legal representation and I hope this works out for you.

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wouldn't it be better to refuse to answer any questions?

 

the evidence is all circumstantial, and not exactly hard... the purpose of the interview is surely to make you provide them with words they can then use out of context to suit themselves.

 

The whole set up is a joke, quite frankly... and how they love frightening people that have never been in trouble before. whole thing is a charade, imo. Nothing to be afraid of and always try to maintain your dignity, never answer any questions you do not feel comfortable answering, not even the police can make you do that. They are burdened with gathering evidence against you, provable evidence... and as you are obviously innocent it is in my opinion that you were not obligated to say a thing during the interview and that despite their flimsy 'evidence' they were still left with it all to prove. especially surprised your brief didn't advise you to no comment the interview.

 

what sort of solicitor would be used in this type of thing, criminal or civil?

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Norman - why do you think it would have been better not to answer or to no comment. The purpose of the interview I am sure that you are aware, is that documents have been obtained which point to the bf living at her house. She is also pregnant.

 

The IUC is to find out if there is an explanation for the evidence that they have, and in this case an explanation has been provided which now has to be considered under the CPIA (Criminal Procedures and Investigatory Powers Act).

 

If she had refused to be interviewed, no commented or not provided an explanation then the decision would be made on the information available (as there would not be anything else). If a decision was made that they had been living together then it might end up in court when an explanation would have sorted it out right at the beginning.

 

To the OP, has already pointed out to you - there might be a problem as you have said that he stays there 3 days a week, he doesn't have another property that he is paying the bills for and you are having a child together. If I understand your posting right he has also been providing you with money to support a child that isn't his. Together with everything else that could suggest that your relationship is stronger than implied by someone who just stays over now and again.

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like i said, if she'd have kept her mouth closed then this would end up in court... and then she keeps her mouth closed again and the case is thrown out of court through lack of evidence.

 

Putting myself in her shoes I would have found being interviewed by job centre staff as a bit of a joke, and refused to answer any questions put to me. then if the claim is refused on the flimsy evidence i would question the right to make that decision on that basis. also they would get overturned right away before any court action anyway as they couldn't possibly win. Also if they lost I could then sue them for damages after visiting the doctor to complain about how stressed out and depressed I am because of all this mess, again i'd probably win as they just haven't got the time nor money to fight court cases. cheaper to pay me off through an out of court settlement.

 

fraudulent claims are one thing, but to question people the way they do is not right. It's degrading and derogatory... the law of our country certainly doesn't give them the right. Only we as individuals can give them that.

 

the reason i say to go no comment is to avoid incriminating yourself with your statement. it's pretty obvious. whether guilty or innocent it is better to keep your trap shut.

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In an ideal world maybe. But what about the months and months of waiting for a court date without any benefit?

 

If the DM accepts the OPs explanation of events then this is over and done with after the interview. I take it that you have enough funds without claiming benefit to live on without providing a full explanation which would sort things out right from the start.

 

Its an individual decision whether or not to respond to questions, but if there is an explanation which could point away from benefit being disallowed why not offer it and avoid months of stress.

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In an ideal world maybe. But what about the months and months of waiting for a court date without any benefit?

 

If the DM accepts the OPs explanation of events then this is over and done with after the interview. I take it that you have enough funds without claiming benefit to live on without providing a full explanation which would sort things out right from the start.

 

Its an individual decision whether or not to respond to questions, but if there is an explanation which could point away from benefit being disallowed why not offer it and avoid months of stress.

 

Because there is no need to offer an explanation... you are not obligated by law to do so. Then any decision made against you must be overturned as the evidence they have is not enough to lay claim to any real proof. The interview is a sham and devised, solely it seems to me, to gather more evidence from the client's own mouth.

 

why would this take months? Even so you can claim hardship and crisis loans to see you through while the employees at these places figure out exactly what our rights really are.

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To the OP, has already pointed out to you - there might be a problem as you have said that he stays there 3 days a week, he doesn't have another property that he is paying the bills for and you are having a child together. If I understand your posting right he has also been providing you with money to support a child that isn't his. Together with everything else that could suggest that your relationship is stronger than implied by someone who just stays over now and again.

 

 

He lives with his mum and dad and pays them rent. Also he HAS NOT been providing me any money at all to support my son. My sons dad doesnt pay me money either. My bf provides me no money at all. I pay all my bills and i pay for my food for me and son etc. Yes our relationship is stronger now than has been before BUT saying that he still does not live with me or pay for anything etc.

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also, im worried that what ever happens this could end up in a paper? I dont want that to happen? what are the chances of that happening?

 

Also thank u for everyone replying...i answered questions as i had nothing to hid and wanted to tell them my side of the story. I guess i felt this was the right thing to do??

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I recently wrote a post about my situation with a IUC i had.

 

Im just wondering a few things... even thou the DWP think i am living with my partner i am not. Im just wondering if now they will be watching me after this interview? I had my interview on Wednesday and havnt left my house since as i feel so scared in case they are watching me.

 

Also will this be published in a news paper? Im really worried about this happening. Even thou i dont live with my bf, if it gets taken to court or what ever happens, im really worried about it going in the paper?What are the chances this will happen?

 

And also my IUC was for income support, how likly do u think it is i will get called for an IUC for housing benefit now?

 

Im freaking out (bearing in mind i suffer with depression and panic attacks already) this has made me a whole lot worse. Im really scared and nervous :(

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also, im worried that what ever happens this could end up in a paper? I dont want that to happen? what are the chances of that happening?

 

Also thank u for everyone replying...i answered questions as i had nothing to hid and wanted to tell them my side of the story. I guess i felt this was the right thing to do??

 

Never answer any questions unless you want to incriminate yourself... always bear in mind that you are never obligated to answer any questions and that the burden of proof rests with the authorities.

 

I honestly cannot believe they'd waste good money on these ridiculous accusations.

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I recently wrote a post about my situation with a IUC i had.

 

Im just wondering a few things... even thou the DWP think i am living with my partner i am not. Im just wondering if now they will be watching me after this interview? I had my interview on Wednesday and havnt left my house since as i feel so scared in case they are watching me.

 

Also will this be published in a news paper? Im really worried about this happening. Even thou i dont live with my bf, if it gets taken to court or what ever happens, im really worried about it going in the paper?What are the chances this will happen?

 

And also my IUC was for income support, how likly do u think it is i will get called for an IUC for housing benefit now?

 

Im freaking out (bearing in mind i suffer with depression and panic attacks already) this has made me a whole lot worse. Im really scared and nervous :(

 

nervous of what exactly?

 

what are they going to do? why would you be important enough to go into a newspaper?

 

yes they will probably watch you, if you're not doing anything wrong you don't have anything to worry about. If you have then tell your bf to disappear for a couple of months.

 

no biggy.

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They may place you under covert surveillance but this is normally done before an IUC, rarely is it done afterward. An IUC may be done for housing benefit seperately, but sometimes these are done as part of a joint investigation between the DWP and the local authority.

 

If it went as far as court, it could be published in the newspaper, yes. Courts are open to the public and the press, who are free to report on cases. But they don't report every case that passes through a court, so the chances of it happening depend on whether or not the press are in court that day (if it goes that far) and what other "stories" are on the go for the press. They will take the stories that will sell them papers. If they are in court that day and there are higher profile cases to report, they'd pick them over yours because it would sell more papers.

 

You should wait to get the decision through from DWP and take it from there. If they decide that you are LTAHAW, you can appeal against that decision and any accompanying overpayment - that would be seperate to any prosecution process - if they decide to go down that route. Your solicitor may be able to advise you on this, or refer you to a solicitor or welfare rights agency that deals with the civil side of things.

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They may place you under covert surveillance but this is normally done before an IUC, rarely is it done afterward. An IUC may be done for housing benefit seperately, but sometimes these are done as part of a joint investigation between the DWP and the local authority.

 

If it went as far as court, it could be published in the newspaper, yes. Courts are open to the public and the press, who are free to report on cases. But they don't report every case that passes through a court, so the chances of it happening depend on whether or not the press are in court that day (if it goes that far) and what other "stories" are on the go for the press. They will take the stories that will sell them papers. If they are in court that day and there are higher profile cases to report, they'd pick them over yours because it would sell more papers.

 

You should wait to get the decision through from DWP and take it from there. If they decide that you are LTAHAW, you can appeal against that decision and any accompanying overpayment - that would be seperate to any prosecution process - if they decide to go down that route. Your solicitor may be able to advise you on this, or refer you to a solicitor or welfare rights agency that deals with the civil side of things.

 

Thank you for ur reply! Helped me feel very much at ease. Some people have said to me that covert surveillance would normaly be done before an ICU in which my case it hadnt, but others have said to me that they some times do it after? I havnt heard of this but still am very nervous. Not that im doing anything wrong, just the whloe thing has freaked me out a lot, if that makes sense?

I hope it doesnt end up in the papers....im so scared!

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nervous of what exactly?

 

what are they going to do? why would you be important enough to go into a newspaper?

 

yes they will probably watch you, if you're not doing anything wrong you don't have anything to worry about. If you have then tell your bf to disappear for a couple of months.

 

no biggy.

 

 

The whloe thing has just freaked me out a lot. I think thats why im so nervous. I hope im not importnat enough to go into the newspaper... i would really hate that :(

A few people have said they normaly watch u before a IUC but then some have said they can do it after...so im just really confused.

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  • 4 years later...
Someone please show me how i start a new thread in this forum.

 

There's a short video at this link which explains how to do it. Basically, when you're looking at the list of topics in a forum you should see a button marked "Start New Thread" or some such thing. Just click that and you should be good to go.

 

Edit: Just checked, the button actually says "Post New Thread".

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Never answer any questions unless you want to incriminate yourself... always bear in mind that you are never obligated to answer any questions and that the burden of proof rests with the authorities.

 

I honestly cannot believe they'd waste good money on these ridiculous accusations.

 

And this is why it's best to get legal advice.

 

The interview is a fact finding excercise so that your explanation can be given to the evidence that has been obtained. A decision maker will then review all the information and make a decsion on whether they believe there is sufficent information on probability that you are living together.

 

The burden of proof only comes into for any criminal action taken against you.

 

They could decide you are living together and take no legal action leaving you with a huge overpayment, at least by offering an explanation a more informed decison can be made.

 

From a DM perspective, if no surveillance was shown/discussed and the only evidence they had was what you have described, I would be surprised if the DM makes a decision. Either way I can't see the CPS taking the case on.

 

Also if the £150 from your ex was maintenance, depending on the year, it would be disregarding income anyway, as child maintenance payments are disregarded and have been for sometime, but I can't remember the actual year off hand.

 

Did the DWP not cover the HB element or have an LA officer present if the LA hasn't transferred over at the IUC?

 

Also surveillance woudl not happen after an IUC as it would not get authorised, so they will not be watching you, they will just be waiting on a decision.

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