Rozzadozza - Benefits interview

[rozzadozza]

Thank you x

[rozzadozza]

I have just looked and the nearest mailbox is half an hour away from my address.I shall contact him tommorrow and say Im going to send it to a personal mailbox if he does not change addresses etc.

[rozzadozza]

Just trying to gather and compile my evidence for tuesday, what do you think would helpful to submitt evidence wise any suggestions?

[gizzygirl77]

I have a interview under caution to go too on the 14/03/11.

 

i have been living in my house since nov 09, i was single parent when i got the house ! but i have been seeing my x partner on and off with him staying over 3-4 times a week .......

 

he pays for the phone and broadband here to help me with payments for his daughter, he also gets his mail sent here as a correspondence address, {will this go against me ? and will this be classed as cohabitating?}

 

need advice as im a little worried of the interview and the out come... i dont mind paying them back if they think i have been overpaid but court scares the hell out of me !

 

someone please help xx

[sea-sidelady]

Have a good read in the threads in here. There is a lot of brilliant advice from other people in the same situation. Some who are going through it still, and others who have come out the other end.

 

You can also get some help at your local CAB or solicitors, but you want one who specialise in benefit and welfare. If you do get help, you can re arrange the IUC until you have been advised.

[rozzadozza]

the fact that you are having your partner staying 3-4 days a week is alot, that also you say you are still in a relationship, and he contributes to the household bills...I feel is different to the situation I am in although, their are simularities. I think that you definately would be classed as living together. I would personally see a solicitor. Where does your partner live most of the time? does he pay his own rent and council tax and bills, can he proove this? The fact that you are still 'a couple' says it all! good luck with your IUC.

[gizzygirl77]

his homeless so no i cant prove it !! ..... and he only pays for 1 bill in the house but mail does come here as correspondence address.. for him to be able to work with an agency....

 

what should i expect as a punishment for this does anyone know?????

[jadeybags]

Totally depends what they end up saying the over payment is. But you're 99% unlikely looking at prison anyway, put it that way.

So he is basically 'sofa hopping'

He doesn't stay that many times a week does he. He just stays over now n then. Remember they will need to provide the evidence, your story is quite complex & probably was inevitable to end up in an interview, but can be explained & make sense in the end. Cant expect them to be mind readers, they just need to confirm all the details, which lets face it, are quite complex. Dont worry! x

[gizzygirl77]

thank you so much for your time advising me your a star ..... thanks again

[rozzadozza]

Well, tommorrow is my IUC, Im crapping myself ..even though i do not feel I have done anything wrong! my ex who was invited aswell is not going to turn up...I spoke with my solicitor and he says it would be better and as it's me who is claiming benefits and is interviewed first...if he dont turn up then actually he would be doing me a huge favour. I am bringing a letter from his landlord comfirming that he does live at his address and proof of his rent payments etc....hopefully that will help?

Im a little sceptic as although i have spoken to solicitor briefly on the telephone ,..he says he will meet me there half an hour before and not to hand in any paperwork that I have gained. Does anyone know what questions they will ask? if it's LTAHAW is the accusation....I just want to be prepared for the interview as Im struggling to see what else I can bring in to gove them to help with my case.

[rozzadozza]

thank you so much for your time advising me your a star ..... thanks again

 

Good luck tommorrow..what time is yours...mine is at half ten! (biting nails ) lol x

[jadeybags]

It's good a solicitor is going with you, they can go in first & aquire the evidence they supposedly have, then come out & let you know. Because you dont want to be producing stuff you dont need to.

But I cant think of anything more concrete as having proof of his renting somewhere else?!

[rozzadozza]

Thanks hun, i'll update you all tommorrow afternoon after my interview! I did not realise you get the head's up before you go in if you have a solicitor...that's good as I have brief and detailed statements to back up my case...so he can decide what he wants to use/not use! My bf has printed off a years worth of his phone statements showing that we communicate everyday too, so that should help....my hands aching as im 80 % of it...which surely will help towards the face they are trying to class me and my ex as LTAHAW!

 

Thanks for your advice people, speak tommorrow xx

[rozzadozza]

* Hands aching....highlighting the calls lol

[rozzadozza]

Update: Went to the Jobcentre, they interviewer tried to get me in asap...without my soliciter. solicitor went in there to find out what information that they had...which was joint bank statement, my ex's bank statements and the equivalent of 3k going into my single account from his account. (which was declared) ..but they are using that to class as as LTAHAW. They also confirmed that they had no photos, videos...but did have a informant statements...that's all they were willing to disclose to my solicitor. we went into the room to discuss everything while interviewer went out. next thing I know is that the lady interviewer said times up we need to start. they had other things in a folder...not sure what. Soliciter is saying there are three approaches to use at interview....No comment- then they have to ask away all the questions and proove he lives at my home( which he doesnt) , A prepared statement , which is...answering the allegation on tape and soliciter reads it out, and then there is full disclosure ...which is they ask what they like and I have to answer all the questions.

He is basically saying that I should do a prepared statement which gives them the answers to the accusation of LTAHAW but nothing else. A new appointment is to be arranged withing the next couple of weeks..meanwhile I need to gain bank statements and income details etc....

What do you think I should do?

[Mumtoky]

Oh sweet my heart goes out to you it really does......these people really don't realise the stress they cause....i had my icu in december but i was alone and wasn't given any options...all i could do was answer there questions as best as i could...and i did get confused with some of the things they were throwing at me......and after all the checks they made and a statement from my boyfriends mum saying he stays there some nights and his friends some nights they still say he is living with me....so as a result they stopped my benefits and i'm in the middle of an appeal......i really hope you can get this sorted...best wishes x

[rozzadozza]

Oh sweet my heart goes out to you it really does......these people really don't realise the stress they cause....i had my icu in december but i was alone and wasn't given any options...all i could do was answer there questions as best as i could...and i did get confused with some of the things they were throwing at me......and after all the checks they made and a statement from my boyfriends mum saying he stays there some nights and his friends some nights they still say he is living with me....so as a result they stopped my benefits and i'm in the middle of an appeal......i really hope you can get this sorted...best wishes x

 

I guess I was lucky that I had a solicitor to go in with..so today they had no evidence off me whatsoever, although i found out that they have bank statements and informant statements , luckily I have bided myself a bit of time...for now...( god it feels like im doing something wrong even though Im NOT!! I was hoping for it all to be done and dusted but now I have to wait until another appointment is re-arranged. Im hoping that " Flumps, Jadeybags, Nystagmite" may be able to advise me on my next step in regards to the No comment, prepared statement or full disclosure with regards to the next IUC date?

 

I hope your appeal goes well, do you have a soliciter now? and what do they expect you to live on meanwhile....does that mean housing benefit and council tax benefit too? I hope not! Are you entitled to anything/ help from anywhere? how are you paying your bills? Im so worried for both of us!

[jadeybags]

I think your solicitor is right, for what it's worth. The prepared statement. Definitely not the full disclosure. That'll only benefit them if they try tripping you up, & anyone can trip up under pressure like that, even when you're not guilty so that's the last thing you want! The interviewer actually said to me she's had people confess on tape to things she knows they didn't intentionally do, because they were so scared. It happens.

[rozzadozza]

I think your solicitor is right, for what it's worth. The prepared statement. Definitely not the full disclosure. That'll only benefit them if they try tripping you up, & anyone can trip up under pressure like that, even when you're not guilty so that's the last thing you want! The interviewer actually said to me she's had people confess on tape to things she knows they didn't intentionally do, because they were so scared. It happens.

 

Thanks Jadeybags Think I will definitely be going for that then, being nervous I can imagine could have a negative impact....im told it's the language of how they ask the questions...is it true that if you give full-disclosure that the recorded tape can be used to play a yes/no but not the full explanation? Also, They are suggesting that a period of overpayment in IS as they have not counted maintenance payments in 2008?.....Is this decision based on the new rules or the old rules? as I thought as of last year the law changed and april 2010- saying it does not affect your benefit entitilement. I did tell them about it, but how do I proove a phonecall. Im now thinking im may end up with an overpayment of 3K! If this were to happen would this affect my current request to move meaning would this OP go on my current rent account making me in arrears?

[jadeybags]

Thanks Jadeybags Think I will definitely be going for that then, being nervous I can imagine could have a negative impact....im told it's the language of how they ask the questions...is it true that if you give full-disclosure that the recorded tape can be used to play a yes/no but not the full explanation?

 

I dont know the answer to that to be honest.

 

Also, They are suggesting that a period of overpayment in IS as they have not counted maintenance payments in 2008?.....Is this decision based on the new rules or the old rules? as I thought as of last year the law changed and april 2010- saying it does not affect your benefit entitilement.

 

The rules on not taking CSA into account in regards to housing benefit happened in ABOUT sept/oct 2008. When in 2008 are you talking about? But I came off income support about that time so I dont know what the rules were for that. I certainly dont remember getting any CSA, it went to the government from my ex. But I did get a maintenance bonus when I started working. That was 1000 pounds. The of course, got all my CSA from then on as I was working part time.

 

I did tell them about it, but how do I proove a phonecall. Im now thinking im may end up with an overpayment of 3K! If this were to happen would this affect my current request to move meaning would this OP go on my current rent account making me in arrears?

 

Not too sure about that either to be honest, would depend if they accept that you haven't been overpaid, I mean, they get you to pay it back out your benefit, so in theory you wont be in arrears with rent because you make up the 9 pounds a week yourself that they take out your entitlement?

If that makes sense. Hope I have not confused you even more now I read this back! x

[rozzadozza]

Not too sure about that either to be honest, would depend if they accept that you haven't been overpaid, I mean, they get you to pay it back out your benefit, so in theory you wont be in arrears with rent because you make up the 9 pounds a week yourself that they take out your entitlement?

If that makes sense. Hope I have not confused you even more now I read this back! x

 

So an overpayment if suggested...would not effect my current hb/ct claim? Also it would be retrieved back through my current IS claim which is currently running? It's a shame that knowone knows whether the new Maintenance rules count or the old rules? Thanks for your help...any ideas how I may find out about that?

[jadeybags]

So an overpayment if suggested...would not effect my current hb/ct claim? Also it would be retrieved back through my current IS claim which is currently running? It's a shame that knowone knows whether the new Maintenance rules count or the old rules? Thanks for your help...any ideas how I may find out about that?

 

If the over payment is IS, then it'll be taken out of that. Housing benefit out of that & so on.

As for the maintenance, not too sure where you could find out about that apart from Google, as I say, I came off IS just as that rule was changing. So I am only aware in regards to housing benefit.

x

[rozzadozza]

If the over payment is IS, then it'll be taken out of that. Housing benefit out of that & so on.

As for the maintenance, not too sure where you could find out about that apart from Google, as I say, I came off IS just as that rule was changing. So I am only aware in regards to housing benefit.

x

 

I can not find anything to do with the legislation on Child Maintenance appart from April 2010 it changes and is not counted..but before April 2010 your aloud to keep £20 p/w if on benefits. Just need to find out how....if they say an Overpayment now..would it be the old rules as that's when the op would be..or would the new rules replace it?