Interview under caution for ALLEGEDLY living with partner

[darreny2207]

Hi

 

I am a newbie and a bit confused. My GF and I both received letters today saying that we have to go for an Interview under caution as they believe that i am living at her address and she is claiming benefits ( i am not and never have).

 

Over the past 12 months we have had a particularly torrid time, let me explain briefly.

 

1. In November last year i was taken seriously ill and had to have an emergency heart bypass at 39 years old. When i was discharged from Hospital i needed care and support and my GF gave me that. I stayed with her as i wasn't allowed to live at my house as i would have been on my own. I couldn't drive for a long time due the chest healing so my car was left outside her house. She is on the insurance so can use it whenever she wants.

 

2. In March she gave birth to our baby, the pregnancy wasn't planned and was a massive shock but we decided to keep it. On her first child she had major post natal depression and with my illness this birth was no exception, no sleep, very low moods and with 2 sons (not mine) to look after times were very tough. I have helped out as best i could and as i wasn't working it seemed the best solution. Again my car was outside the house.

 

3. I went back to work in August this year and then my GF father was diagnosed with terminal cancer, so needless to say she wanted to be there for him, so again the children needed caring for. When she was at her dads i stayed to care for the children, as her ex husband wouldn't help!

 

Then today we both get these letters, i have read on here today that you don't HAVE to go but as we have done nothing wrong ,in our eyes, why shouldn't we? I am worried though that they will tie us up by twisting what we say! I have my own house, with a lodger renting a room, all my bills are at my house, my car, insurance, credit cards, bank accounts everything. Should i go to this interview when i am not the one claiming benefits or will that just antagonise them even more if i don't?

 

I am really worried, angry and irritated obviously someone has reported her but they knew my name so it must be some one who knows me aswell. On my letter it states that they want me to answer some questions but on my GFs letter it mentions evidence that they have, would they have really set up surveillance? And if so surely the reasons that i just given are understandable?

 

Sorry to spout on but i needed to vent Any help or advice would be gratefully received.

 

Thank you in advance

[honeybee13]

Hello there and welcome to CAG. I'm sorry to hear about all your problems.

 

There's a specialist benefits forum here, I'll ask the site team to move your thread there so people who can advise you will see it.

 

My best, HB

[darreny2207]

Ok thank you for that

[ErikaPNP]

The evidence that they may have can be varied; they do perform surveillance but not in every case. Let's say that they have surveillance - it would look pretty damning if done over the periods that you were there. From their point of view that, coupled with you having fathered a child with her, would cast a doubt upon her claim and they need to clarify that. The reasons you have provided are good reasons however and presumably can be supported by third party evidence - such as medical information which will tie in with the dates in question.

 

They will look at a range of factors when trying to reach a determination of whether a couple are living together as husband and wife; overnight stays are only one factor that they consider.

 

Whether you go to the IUC is entirely your choosing. If you choose not to go, they are entitled to draw inferences from that and will press ahead with the evidence they have, if they believe it is sufficient. You can also go and leave part way through if you feel that you want to take further advice or simply don't wish to continue (you can leave an IUC at any point in the proceedings). You can also take legal representation with you if you wish. A legal representative will be able to obtain disclosure immediately prior to the interview to assess what evidence they do have which in turn will enable them to advise you better.

 

Some IUC's can result in no further action as the information is clarified during it and found to be acceptable, and some result in providing them with further ammunition in their case.

 

If you pop over to my Benefits A-Z, there are 3 ZIP files all about fraud - there is information there about their procedures in IUC's and in LTAHAW/CP investigations

[Tash188]

Hi there,

 

I had an interview under caution last may for the same reasons. I went along and my ex was asked to go along to a seperate interview to answer some questions regarding our relationship etc. We have two kids together. What I would suggest is you take all the evidence you have that proves your address. They like to snoop through peoples bank accounts, they wouldn't be able to do this with you as you don't claim benefits but no doubt they'll have your partners statements. If she can explain all ingoings and outgoings then that will help. Get people to write statements for you confirming that you don't live together. I'd also suggest getting a letter from your GP explaining all the health problems etc. My benefit was stopped in October and it's taken this long to get it to a tribunal. I won this last week and was also advised that the DWP have been doing this to alot of people. If you can prove that you don't live there but supplying that evidence they wont have a leg to stand on

[ErikaPNP]

They can look through the statements of someone not claiming benefit if there is sufficient evidence that the account may be being used to commit or assist fraud.

[Tash188]

Ok well you know something different from me then as my ex asked at his interview about his bank statements and was told as he doesn't claim any benefit they have no rights to view them. I was also told this by my lawyer.

[darreny2207]

Thank you all for your replies,

 

i guess if we have nothing to hide not going or giving "No comment" answers wont do us any favours, just keep the answers simple, as said before i am nervous of notes in previous threads that say they can be very manipulative with their questioning!! I can prove all of my bills etc are at my house, i can prove my illness and i can prove i didn't go back to work until August this year, so if it is my car at her house then that's easily answered aswell. They have also not stopped her benefits, surely if they were confident of any fraud would they keep it quiet for almost a year and still pay her?

[ErikaPNP]

Ok well you know something different from me then as my ex asked at his interview about his bank statements and was told as he doesn't claim any benefit they have no rights to view them. I was also told this by my lawyer.

 

I think that perhaps they meant in terms of your specific case. They can and they do gather information from accounts of anyone whom they have a reasonable belief is using their account to assist or commit fraud, however as with all cases, they have to be able to show that the intrusion into this person's privacy is necessary and proportionate; if the intrusion is not necessary or proportionate as may have been the case with you, they cannot gather the information. But they can do it, and they do it a lot more often than people realise. This is how many couples who are committing fraud are caught. It's no different to the police getting access to a person's accounts when they are suspected of using it for money laundering; any person suspected of assisting in the commision of a criminal offence can have their personal records delved into.

[ErikaPNP]

They have also not stopped her benefits, surely if they were confident of any fraud would they keep it quiet for almost a year and still pay her?

 

It can take that long to gather the necessary evidence - although a person's benefit can be suspended in some cases, it's rare as there has to be a reasonable belief based on factual evidence. Until that evidence is gathered and qualified the benefit cannot be suspended. In many instances, it isn't until after the IUC that benefit is suspended or terminated.

[Tash188]

I forgot to add that part, my benefit was suspended last October, five months after my IUC.

 

Thanks for the info Erika, I honestly didn't know that x

[mrsblobby]

Hi my ex at the time was not on any benefits but they looked into EVERYTHING on him. x