DWP change of decision at appeal stage

[id6052]

in my experience....

 

impact upon health

depending upon your health issues, i would suggest asking your doctor to write a letter explaining the impact that an IUC would have on your health - i have known some LAs to cancel the IUC and carry out a general interview where there are health issues and supporting evidence is provided from a GP/CPN - worth a shot

 

suspension

sometimes they will suspend, sometimes they won't

 

usually if they suspect you may be getting overpaid, but are not certain, they will leave benefit in payment - if they have sufficient evidence to establish that you are definitely being overpaid, they will suspend - however it really depends upon the facts of the case

 

repayment

hb overpayments are normally recovered from ongoing entitlement to hb - if you no longer qualify for hb they will usually invoice you for debt, and allow you the chance to set up a payment plan

 

with ctb overpayments, they will add the debt to your ct account - you would then need to negotiate a payment plan

 

if you receive an administrative penalty, they will add this as a surcharge to the overpayment

 

if you receive a fine, you would need to pay that to the court

 

bank statements

they do have the power to obtain copies of your bank statements, however they would normally ask you to provide them in the first instance, and if you refuse or fail to provide them, they can obtain them

[Nystagmite]

Sorry, I dont understand. So you have opened a new bank account since you started claiming a year ago, & this could mean you have commited beneit fraud???

Since when has everybody got to let them know when they open a new bank account?

 

I thought it was only relevant if it now meant you wanted your benefits paid into a different account.

[id6052]

do you have your hb/ctb award letters?

 

check the figure they have for your capital - has your capital increased above this figure?

 

capital less than £6k will not affect your benefit award

capital greater than £16k will normally mean you do not qualify (there are special rules for people in receipt of pension credit)

[bluetoffees]

thanks - I may postpone until I've got proper advice and spoken to my doctor. With only receiving this letter on Friday and having the interview on a Monday and no-one being available to speak to at the weekend it hasn't left me much time to do anything.

[rudy691]

im in the same boat. I have my interview tomorrow.

[bluetoffees]

I've postponed the IUC and saw a solictor yesterday. They only managed to find out that this is to do with a claim in 2005/06 and not related to my current claim which started in April 2010. He seems to think I've nothing to worry about and will NOT be going to prison!

 

However my housing benefit seems to have stopped, even though this is a completely different claim. I wasn't claiming between 2006 and 2010. I've tried to get an explanation from the LA as to why my benefits have stopped but all they say is that at the end of the financial year benefit rates will change. They are making a final payment up to 29 March (which was due in my bank today and hasn't arrived) and they will inform me of my new entitlement at the end of March.

 

Well we're now into April and no letter has arrived with my new entitlement. Another phone call just got the same reply, that there are no notes on my account and they will again chase up the reason for my not receiving a letter with new entitlement.

 

I'm beginning to get paranoid about this (doesn't take much!) and thinking that if counter fraud are looking into an old claim, they are assuming that there is something wrong with my current claim and are therefore suspending benefit.

 

Are they allowed to do this without telling me and leaving me with no means of paying my rent in full - I can manage something without HB but not all of it as I'm only in receipt of ESA and that has to pay all my other bills.

 

I'm thinking if this drags on for months as I've seen in other threads that it can even after the IUC I may have to move in with a friend or family member, but neither of which live in my area. This would complicate all my claims - having to switch offices for ESA etc. I can't cope with change at all anyway - part of my mental health condition so the stress of leaving my flat and adjusting to living with someone else is unthinkable.

 

I know I've rambled on and I apologise for that. Please any advice or encouragment, as ever, is much appreciated.

[sadone]

They only managed to find out that this is to do with a claim in 2005/06 and not related to my current claim which started in April 2010.

 

Blimey, thats going back some time. Have you checked what bank accounts and amounts you had back then? If It wasn't over the limit I can't see what the problem was. Also If It was that claim they were concerned about then how on earth does that connect to them telling you they were concerned about your new bank accounts?

 

Also what other benefits were you on when you claimed back then? Where they means tested and would they be dragged into this?

 

Please keep us posted as to how things go.

Edited April 12, 2011 by sadone

[bluetoffees]

I was only only on HB but didn't get much as I was self employed and on low pay. As my pay increased the claim stopped during 2005, I think. My memory is poor and obviously this is now 5-6 years ago and I've had a nervous breakdown in 2007 which led to me having to cease my business. I've never really recovered which is why I now find myself on ESA and HB. This is a nightmare that I fear is never going to end but I am encouraged by the support I receive in messages and comments on this website. Thank goodness I found it!

[sadone]

Well as I said please let us know how you get on. When your new date for this interview?

 

Was there a large discrepancy between moneys held in those old accounts and the ones you have now? Thing is that was what, a gap of over 3 years ago since you've last been on HB and you're entitled to do what you want with your money or accounts so I can't for the life of me see what they're problem is.

Edited April 13, 2011 by sadone

[bluetoffees]

Hi - well now I'm really confused! I had a phone call yesterday afternoon from the woman who's going to interview me. I felt maybe I shouldn't speak to her as I might say something wrong but she told me that she'd phoned my solicitors and told them there was new facts come to light and that the interview is now not necessary!

 

Well I'm over-joyed but still thinking it's some sort of trap or trick. Apparently the years of the bank account in question were wrong - not 2005/06 but 2008/09, when I was not claiming HB or CTB, therefore it's nothing to do with them, as you rightly said. She wanted to know when I'd closed the account and why it wasn't mentioned on my new claim. I explained this, and she says all I need to do now so she can close her file is reply to the letter she is sending out, confirming all the facts are correct and that's the end of it!

 

I rang the solictor to make sure I hadn't been fooled into saying the wrong thing on the phone but it seems she told them the same thing and the interview will be cancelled!

 

I did point out to the woman how frightening these standard letters they send out are, especially for people with mental health issues, with all the talk of police evidence laws and right to silence, plus saying you should immediately seek legal advice, you could be prosecuted for failing to attend etc.

 

She apologised and said they have to send out letters in that way. How about the effect they have on innocent people who fear the worst, even though they think they're innocent. Because of my disorder I often believe I'm guilty of imaginary crimes when I'm not! Without the support of people on this website offering advice and suggestions I might have found a tall building to leap off!

 

Anyway I'll feel better when I receive written confirmation that it's all over and I can sleep a bit better than I've been doing for the last week or so.

 

Many thanks to everyone who's commented and offered advice.

[sadone]

Oh thank god for that. I thought It was rather weird that they were using that excuse to accuse you of fraud. I mean you weren't even on benefit during that time. God It just shows you. If they can get figures as straightforward as those wrong then what else are they capable of mucking up?

 

She wanted to know when I'd closed the account and why it wasn't mentioned on my new claim.

 

Well I thought the answer to that was obvious. You'd closed it before signing on, so It wasn't around anymore and wasn't needed to be included in a new claim. Dear lord, they really are a suspicious bunch aren't they.

 

And yes, those standard letters should be worded a lot better imo. They don't have to hit the ground running with hidden threats when contacting people that might be completely innocent.

 

What happened to the whole 'innocent until proven guilty' bit? Seems for other types of crime they apply that rule, but for benefit claimants apparently not.

 

Glad to hear in your case that everything has worked out for the best and that you can now put all this behind you.

[bluetoffees]

Yes I thought we were all assumed innocent until proven guilty:!:

 

I'll put it behind me once I get it in writing that the interview is cancelled and they accept my written reply about why the account was closed etc. Shouldn't they have a duty of care towards claimants to double check their facts before scaring people half to death:-x ?

 

Thanks for the kind words and support! I just love this website and so glad I found it:-)

[Nystagmite]

I don't understand why it matters why you closed your bank account. I'm in the middle of closing one. DWP are aware that I've changed bank details. It was just a case of "here's my bank details" and that was it. Nothing more has been said.

[jadeybags]

Hi - well now I'm really confused! I had a phone call yesterday afternoon from the woman who's going to interview me. I felt maybe I shouldn't speak to her as I might say something wrong but she told me that she'd phoned my solicitors and told them there was new facts come to light and that the interview is now not necessary!

 

Well I'm over-joyed but still thinking it's some sort of trap or trick. Apparently the years of the bank account in question were wrong - not 2005/06 but 2008/09, when I was not claiming HB or CTB, therefore it's nothing to do with them, as you rightly said. She wanted to know when I'd closed the account and why it wasn't mentioned on my new claim. I explained this, and she says all I need to do now so she can close her file is reply to the letter she is sending out, confirming all the facts are correct and that's the end of it!

 

I rang the solictor to make sure I hadn't been fooled into saying the wrong thing on the phone but it seems she told them the same thing and the interview will be cancelled!

 

I did point out to the woman how frightening these standard letters they send out are, especially for people with mental health issues, with all the talk of police evidence laws and right to silence, plus saying you should immediately seek legal advice, you could be prosecuted for failing to attend etc.

 

She apologised and said they have to send out letters in that way. How about the effect they have on innocent people who fear the worst, even though they think they're innocent. Because of my disorder I often believe I'm guilty of imaginary crimes when I'm not! Without the support of people on this website offering advice and suggestions I might have found a tall building to leap off!

 

Anyway I'll feel better when I receive written confirmation that it's all over and I can sleep a bit better than I've been doing for the last week or so.

 

Many thanks to everyone who's commented and offered advice.

 

Yay!!! I couldn't help thinking this was all a bit bizarre! I would even go so far as to say they're not bothered about accounts you closed before claiming the benfit, but she doesn't want to sit there n say they messed up the dates lol

Really doesn't suprise me though. I thought it was only my LA that mess up big time, obviously not!

As for you asking her why they send those awful letters out, I asked the woman that interviewed me the same thing! I said it's nasty getting that letter! She said the same thing too, it's a standard letter & they have to send them to everyone. She said sometimes she has people sat in there with extra houses & 50k in the bank that they haven't declared, I guess it would take too long to seperate all the reasons people are going in for interviews & different letters for certain investigations.

But I agree, it is one of the nastiest things I have been through in a long time.

There will be worse things in the future of course, but at the time it's so scarey.

Sadone, they make mahoooosive muck ups all the time believe me. Mine was 1200 pounds HB worth! Plus 400 council tax.

If I was a nasty barsteward I could probably make them look foolish in the local rag, but I want nothing to do with them now, & I am aware how they can make your life difficult, so thought better of it!

[bluetoffees]

thanks sadone - I hope it's really all over now - I'll believe it when I see it in writing!

[jadeybags]

thanks sadone - I hope it's really all over now - I'll believe it when I see it in writing!

 

lol can relate to that. But I still dont believe it even though I have it in writing! You'll probably never trust them again completely, but the memory of it does fade in time.