How long to wait after IUC?

[SockPuppet]

Hi there, I'm not new to this forum, but this is an alternative username for a reason.

 

I was convicted of bf (IS and HB) in 2008 for failing to declare a change in circumstances - I was a student in 2004, and because my loan took months to come through I didn't sign off ... I ended up quitting uni after the first year because of a family tragedy and health issues, and even though I no longer claimed my loan, they kept sending it to me for the next 2 years (3 in total), and I just kept my mouth shut and spent the money.

 

the DWP found out and interviewed me under caution for failing to declare etc. So ... 6 months later, after hearing nothing I got a summons for £13000 worth of fraud.

 

In July 2008 I pleaded guilty and got 150 hours community service. In the meantime I had inherited some money - but I was advised by my solicitor at the time to "keep quiet about it" or risk stirring up the hornet's nest even further. Not what I would say was wise advice, but that's what he said.

 

In December 2010 I was investigated again - a spot check had discovered the inheritance and that at the end of 2008 I still had too much money in savings ... so there was an discrepency between the original investigation and this other lump of money.

 

I admitted everything and told them of my mitigating circumstances - I won't go into details, but they included an official diagnosis of a mental health disability, depression, addiction problems, relationship breakdown and bereavement. (all on record).

 

The investigating officer said I should hear about the decision within 6-7 weeks.

 

About a month later I had a letter stating that the amount I owed was £2010 - but heard nothing about their decision - I am no longer on benefits and was fortunately in a position to pay this back in one go. So, I owe them nothing for this latest case, but still owe them for the first case.

 

After 7 weeks I phoned the investigator who told me that they still hadn't made a decision on my case but to expect to hear "very soon".

However, 7 months on and I've heard nothing. Not a word, nothing! So ...

How long do these things usually take? Could I be lost in a pile of paperwork and completely forgotten about? In which case will contacting them act as a reminder and make things worse?

 

Has paying it all back made things better for me?

 

If the worse comes to the worse ... what should I expect for a 2nd offence? Even though it was related to the first offence and my mental health back then. Is it time to think about the worst case scenario?

 

Apparently there is something about justifiable delay, and also something in the Human Rights Act that says cases need to be brought within "reasonable time" ... could this apply here? (hse.gov.uk/enforce/enforcementguide/court/abuse-delay.htm)

 

Anyway, thank you for all considered responses

Edited June 19, 2011 by SockPuppet

[FitzWilliam]

I had an IUC on 10 Feb 2011 and received a letter dated 1 April 2011 saying they were taking no further action. So that was 7 weeks. At my IUC, my interviewer said there was about a 2 month backlog of cases that the decision makers were going through.

 

Seven months is certainly a long delay for hearing whether they are taking any further action in your case. The best way to find out what's happening is to contact them, but that's up to you ...

 

I hope it works out all right for you.

[leemack]

Do you have the solicitor's advice in writing - firstly this would be a mitigating factor - having an idiot as a solicitor who gave stupid advice - secondly you have a case against the solicitor.

Edited June 19, 2011 by leemack

[Life-Goes-On]

The solicitor might be a idiot but doubt a complete and utter one by giving that advice in writing, but hopefully the solicitor has.

[SockPuppet]

No, it was a conversation at his desk, nothing in writing.

[leemack]

Apply to the solicitor for a copy of your case file - don't mention anything about what is happening, just make a simple request. Your solicitor may have made notes about your discussion. As has been said he'd be pretty stupid to write it down.....but you never know.

[SockPuppet]

Well when it comes to it I'll certainly explore every avenue available ... especially as I wasn't in a sane mental state at the time and now back to my old self and thinking clearly.

 

The main issue at the moment is whether to chase it up or leave it and carry on waiting ... I'm not particularly stressed, but it is getting in the way of making a few plans.

 

What's the longest anyone else has needed to wait for an answer?

[leemack]

You need to chase it up. The overpayment notification letters have a habit of not turning up. You have an absolute time of 13 months from date of decision to appeal an overpayment. If you leave it too long to chase, as I've known people to do - even though they did not commit fraud and could have won an appeal, they lost their right of appeal due to the time limit passing.

[SockPuppet]

You need to chase it up. The overpayment notification letters have a habit of not turning up. You have an absolute time of 13 months from date of decision to appeal an overpayment. If you leave it too long to chase, as I've known people to do - even though they did not commit fraud and could have won an appeal, they lost their right of appeal due to the time limit passing.

Oh I heard about the overpayment - it was £2010 and I paid it in full on the same day without appealing it. I requested a signed receipt which I received "without prejudice to any other action they may decide".

 

What I haven't heard is what action they plan to take against me, if any ... I still don't know whether I'm gonna get a caution, a fine or prosecuted - and I don't know if I've been lost in the system or not (which would be a result).

[leemack]

Which benefit was it that investigated?

[annie4567]

Sorry to butt in, just wanted to ask did you repay the first overpayment of £13000?

[SockPuppet]

Which benefit was it that investigated?

Income Support - granted because I didn't qualify for incapacity benefit.

 

Sorry to butt in, just wanted to ask did you repay the first overpayment of £13000?

I am paying it off on a regular direct debit. Edited June 20, 2011 by SockPuppet

[leemack]

Were you getting HB or CTB?

[SockPuppet]

Were you getting HB or CTB?

Yes, but there wasn't a joint investigation like there was first time around.

 

I'm not in receipt of any benefit at all now.

[leemack]

You may find the local council will eventually contact you - it sometimes takes a while but usually their computers match with DWP that you weren't entitled to income support for the period, sorry to say, but I've seen people get the overpayment notice from the council months or years after the original dWP overpayment. This is why it may be still be worth appealling the income support overpayment if you don't think you're guilty and can make a case.