Help - IUC . whats the procedure? will i be prosecuted?

[very_worried]

Hope someone can help with some procedures of an IUC. Earlier this year i was made redundant so signed on , and applied for HB (both were granted).. I then was successful in finding myself a job so signed off , and asked if the DWP would let HB know i had found work or would i need to do this. DWP said no its fine . We will inform them. Stupidly i took their word for this.

 

I initially did not notice that my HB was still being paid into my account as i had borrowed some money from my parents in order to cover myself for the first month so didn't check my account. I then realised that DWP had not informed HB team of my circumstances so i emailed them advising them of a change in circumstances. I did not hear anything off them , and left it again for a month. I then sent a letter saying i had found work but on a different date ,( stupidly thought i'd get away with it ) and waited another fortnight(along with another payment) & then recived a letter off them asking me to fill in a form and asking why i had not informed them & saying my letter did not tally with the DWP date.

 

I have sent off the form they sent to me along with my income & expenditure & a letter explaining my cirecumstances in full & fully confessing that i had given them the wrong date .I want to pay the money back ( i have not spent the last 3 payments they have sent me) but did spend the first months HB (on rent rather than fripperies )

 

I have worked out that i owe that approx £780.00 and i am prepared to accept the consequences of my actions as i know i am in the wrong , and that it was a very dishonest thing to do . Infact i am deeply ashamed of my behaviour & can't beleive my own stupidety

so what i am asking is i know i can expect an IUC , but what will happen in the interview? Is it likely i will be prosecuted? I have not done anything like this before, and this was the first time i had ever claimed HB as well.

I also have the last 3 payments to pay back straight away .. and infact i have made attempts to do this by calling the over payments team but they have told me i need an invoice before they can accept any payment from me?

 

Can anyone who has been in this situation offer me any advice?

[rebel11]

Hi Very

 

Welcome to CAG

 

The guys will advise as soon as they are available. I think they have a higher threshold for prosecutions, so I don't think they would take that route, they will want the monies back, probably interest too.

[sunny jim]

An IUC is governed by PACE - you can bring a solicitor but from what you've said I wouldn't bother. The purpose is to establish the facts of what has occured. ie: Whether or not you made false statement or failed to promptly declare a change in circumstances that you knew effected your entitlement to benefit. Whether you did this with dishonest intentions.

Following an IUC the Local Authority will decide whether to a] Take no action, b] Offer Ad Pen (30% o/p fine), c] Offer Caution, d] Prosecute. If a caution/ad pen is refused then you could be prosecuted.

It is rare an LA or DWP will prosecute for anything under £2000 as it is not cost effective. Where a full & frank admission to every element of the offence is given at IUC they usually offer a Caution [assuming you have no previous similar offences on record] These actions are taken in addition to collecting the o/p.

Edited November 26, 2010 by sunny jim
more info

[very_worried]

thanks for the replies. I have had another letter off HB team asking me for proof of capital?I said on the form i had no savings (under 6 grand) which is true. I don't.. do i now have to send them my bank statements to prove this? I am a bit uncomfortable about doing this... not that i have anything to hide from them but i feel like that is invading my privacy..

[very_worried]

An IUC is governed by PACE - you can bring a solicitor but from what you've said I wouldn't bother. The purpose is to establish the facts of what has occured. ie: Whether or not you made false statement or failed to promptly declare a change in circumstances that you knew effected your entitlement to benefit. Whether you did this with dishonest intentions.

Following an IUC the Local Authority will decide whether to a] Take no action, b] Offer Ad Pen (30% o/p fine), c] Offer Caution, d] Prosecute. If a caution/ad pen is refused then you could be prosecuted.

It is rare an LA or DWP will prosecute for anything under £2000 as it is not cost effective. Where a full & frank admission to every element of the offence is given at IUC they usually offer a Caution [assuming you have no previous similar offences on record] These actions are taken in addition to collecting the o/p.

 

no i have not done anything like this before.. its the first time i have claimed HB...

[Norman1066]

say nothing at the interview and offer to pay back the monies at a fair rate. job done.

 

if they want to waste public money taking you to court after offering to pay back the money then more fool them... IMO.