DWP Interview Under Caution

[confuciused]

Just thought, you said you are receiving DLA and IB? If you suffer from a disability, there may be organisations which provide advice and assistance for those with a disability of some sort. Also, the council should take into account any disability you have in terms of making adjustments in their dealings with you, or they could be in breach of the DDA.

[MIKEY DABODEE]

Sinkinghelp,

what rate IB are you on now? What rate DLA ?

Does your wife claim any benefits.?

[sinkinghelp]

Hello there

 

My wife does not claim any benefits at all.

 

I am high rate mobility and low rate care. I get Incapacity Benefit of £68.14 every TWO weeks.

 

regards

 

 

sinkinghelp

[MIKEY DABODEE]

was thinking you may be entitled to I.S but you were once a 10p case just for your mortgage, but may be worth putting your figures into a benefit calculator and checking

[sinkinghelp]

Hi there

 

Looked on Probono web and their contact criteria is that you have to be referred there by a solicitor

 

I am going to try CAB again in the morning but its really a struggle getting anything positive. I am sure the council are wrong in their excuse of waiting for DWP. The council are simply piling on the pressure and at best case to me its seems vindictive especialy when they go against their own printed rules on their web site

 

I am not entitled to Income Support as my pension total is just under £700 per month

 

regards

 

sinkinghelp

[sinkinghelp]

Hi Folks

 

Me again................well I saw a CAB advisor who said despite what the council put on their website they can and do just as they please. That was it. Interview over. I then managed to get the advisor to ring the council whilst I was there to see if the council would perhaps discuss with the CAB. Eventualy someone at the council was able to speak and simply said that because the DWP had not reported whether they were going to prosecute or perform some other action we were responsible for paying full council rent and full council tax. The council said that they were not interested in discussing the matter any further until the DWP had reported. They also said they had no interest in the financial hardship this will cause.

 

So I have tried and failed. It seems the DWP had re calculated within 10 days the new rate back at the beginning of November but the council decide on the 24th of December 2011 to suspend all benefit

 

Modern Brittain !

 

Sorry but I really dont know which way to turn now

 

regards

 

sinkinghelp

[sadone]

I'm so sorry to hear about this new development. Seems local councils attitudes are getting harsher and harsher, probably helped along by the policies of central government. Remember that next time you're called to vote.

 

I know this is a longshot but have you tried contacting your local MP over this?

[sinkinghelp]

Hello thanks for the reply

 

I have considered my local MP but I was hoping that the council would ahere to their own published policies first.

 

How rong was I there !

 

The council know from me and the DWP what the new income is so the rent and council tax could have been calculated weeks ago but are carrying on oblivious to this and I have no other thought that they are being as evil as they can. Blaming the DWP for the delay is terrible - for me not them !

 

I cant even find out out what the amount of rent and council tax will be after the DWP have made their mind up as the council will not discuss anything even though they know my income !

 

I dont know who to turn to now. I have explored my own and others suggestions and short of finding a specialist solicitor who would provide a free service I am stuffed

 

Anyone who has any suggestions I would still be pleased to receive the information

 

 

regards

 

sinkinghelp

[confuciused]

I suggest:1. writing to the council to appeal their decision to await the outcome of the DWP investigation when they have all the relevant info to assess your HB/CTB, has to be in writing and signed by you. 2. make a formal written complaint to the council that they have failed to adhere to their stated policies and are unnecessarily causing you added stress 3. contact your councillor and ask for his/her help in resolving the problem4. contact your MPKeep on, don't give up! Best wishes.

[jadeybags]

I agree with contacting your MP. They intevened with a housing issue I had years ago, & basically put a rocket up the councils rear! So basically what you're saying is you have all your documentation proving your correct income, but the council refuse to let you claim housing benefit until they hear if DWP are going to prosecute you?

[sinkinghelp]

Hello

 

I have this morning written a formal letter of appeal to the council and made the points as clear as I can. I have also pointed out to them that I am not guilty of failure to notify the council of my pension as they state in their recent letter which they consider me guilty even before the DWP report back !

 

I have sent the letter recorded delivery

 

 

regards

 

sinkinghelp

[confuciused]

Good point! Hope this delivers some helpful response...

 

regards,

 

Confuciused

[sinkinghelp]

Hi thanks for the reply

 

Well no one has answered my letters but the council have now investigated how much council tax we paid at the old mortaged property and decided that as from August 2011 until Janaury 2012 it was unoccupied and therefore subject to council tax at the unoccupied rate. They have calculated this until April 2012.

 

I have sent it back to them asking them to revise and explain how can I be charged for a property when I do not have the keys or any access what so ever

 

The council are hell bent on causing me as much grief as possible

 

What I am still struggling with is how the DWP and Council get away with their investiagtions in which you can possible end up with a criminal record but you are not afforded a solicitor in the interviews as you would in a police interview.

 

The balance of probabilities is also a horrendeous piece of work the can apply !

 

I do not know if you got a passport type benefit if you get a solicitor or not. I know in my case of Incapacity only I did not and could not

 

regards

 

sinkinghelp

[confuciused]

The financial calculation for legal aid is quite complex if you are not on a passport benefit like IS or Pension Credit, but did you look at the legal aid calculator on the Legal Service Commission website or I also found it on the website of the Mary Ward Legal Centre. Also, I don't know if you tried it but the Community Legal Advice service has a telephone legal advice service on 0845 3454345 which may give you some free advice if you qualify. I fail to understand why someone in your position should not qualify since you are in the position of losing your home. I agree also that legal advice should be available for anyone in an IUC. Maybe you are entitled to council tax benefit on two properties if you are liable for both?? All the best!

[confuciused]

Hi again,

Similar situation to yours was posted up today by weeman07 !

[sinkinghelp]

Hello all

 

Just to say part of the Subject Access Data paperwork I requested has arrived today. Its a massive printout which could be condensed by a huge amount

 

It need deciphering and for this the DWP have supplied a list of what the abreviations mean

 

The council still will not discuss anything with me until the DWP decide whether to prosecute or not

 

I have submitted a formal appeal to the council as described earlier but still no response

 

regards

 

sinkinghelp

[Nystagmite]

I think what they have sent you is everything they have on file about you.

[sinkinghelp]

Hi there

 

Thanks for the reply...I was just reading weeman07 posting. Very similar in parts to my woe.

 

The printout just relates on the headers of each page to my DLA claim going back years. I cant find anything that relates to Income Support or Incapacity Benefit as yet

 

thanks

 

sinkinghelp

[sinkinghelp]

Hi folks

 

The postman brought the rest of the subject access data I requested from the DWP. There is over 1,200 pages of printout

 

I had a quick look and put it down totally be wildered. There seems so many pages of nothing. No not anything just headers will no information.

 

If everyone on benefits did this they would have to cut down a huge forest to make the paper

 

Still nothing from DWP and the Council are refusing to answer my appeal or even letters

 

So its a big stressfull period thats ongoing

 

regards

 

sinkinghelp

[confuciused]

Wow! 1200 pages... How much did that weigh? must have cost a bomb in postage. So someone has gone through and decided that all those pages are relevant personal information for your SAR??? I don't think so. It sounds like a device to initimidate! If they are going through all those documents it is no wonder you haven't heard from the DWP yet.....

[sinkinghelp]

Hello

 

Thanks for the reply

 

It was in I think 6 or 7 huge envelopes all sent special delivery. They also included details of my wife and my son and daughter despite them being well over the age of 18 which I dont think should have happened but I do not know for certain

 

The decision as to what happens next is at some office somewhere so its a just a terrible waiting game

 

To help my doctor has increased my anti depressants which when they act I hope get me to be able to think and more important sleep

 

regards

 

sinkinghelp

[jabba jones]

Wow! 1200 pages... It sounds like a device to initimidate!

 

Its a copy record so it includes a print of every screen that has ever existed on the claim. This is exactly what sinkinghelp asked for but I doubt it will be of any help because even if he/she finds the occ pen screens (which won't be easy) they will probably be blank because the pension was never taken into account!

 

The original benefit claim form is the main thing to look for. As I've said before was the pension ever declared? It makes or breaks the case

[confuciused]

If I recall your posts correctly, you do admit that the pension was probably not declared as you were under the impression that it was not relevant. This was based on advice given to you a few years earlier, and that advice might have been the correct at that time. It seems plausible that the law may have changed in this regard in the meantime but that being unaware of the change, or of the relevance of the change, you did not declare it because you believed (albeit erroneously) that it was not relevant. The point I am getting to (sorry if it is a bit convoluted) is that I would think that the DWP has to show a deliberate and knowing failure to report the pension or a dishonest intention to defraud in any prosecution? I am not sure of the exact wording myself but maybe someone else knows? Surely, the failure to mention the pension is not on its own sufficient, there must also have been some dishonesty involved in order for a prosecution to be pursued? At the very least, an honest, albeit mistaken belief that one didn't need to include the pension, would surely help in any defence or mitigation?

[jabba jones]

Surely, the failure to mention the pension is not on its own sufficient, there must also have been some dishonesty involved in order for a prosecution to be pursued? At the very least, an honest, albeit mistaken belief that one didn't need to include the pension, would surely help in any defence or mitigation?

 

This clerical IB claim form appears to be from 2007 but the claim form in 2005 will have been practically identical. If it was done over the phone all the same questions would have been asked & the form then sent to sinkinghelp to check & sign.

 

http://www.unidocs.co.uk/docs/SC1.pdf

 

Page 6/48 explains what is meant by an Occupational Pension

 

Pages 22 to 24/48 is the part that asks about Occupational Pensions

 

It starts with 2 Yes/No questions.

"Are you waiting to hear about any pension income?"

"Do you have ANY pension income?"

 

The form ends with a signed declaration that states "the information on this form is correct & complete as far as I know & believe". It goes onto say that "I understand that if I knowingly give information that is incorrect or incomplete, I may be liable to prosecution or other action".

 

I'm sorry but I personally can't see how mistakenly making up your own rules can be used as a valid excuse & that to say they didn't know the pension was relevant just doesn't make sense.

Edited February 6, 2012 by jabba jones

[Pen]

Hi.

Just to say my husband had a sim miler problem in that he to was investigated and interviewed under caution. On my advice he too sentf a letter for his SAR and found the information there to prove his innocence and the DWP wrote stating they were sorry for the inconvenience and were not taking any further action. What ****ed me off was that when then sent him his SAR details they also sent him all mine and we have been separated for 6 years. Also they wrote to all his employers for information. what they must think I dread to imagine. How they can get away with the way they conduct these investigations and the damage they cause when they have wrongly accused someone is awful so I feel for you. Yes there are cheats out there who need investigating but there mustbe a better way of going about it x

 

Good luck I hope you get it sorted soon xxx