Benefits Interview Under Caution, Advice needed

[gem-100]

I hope there is some good advice out there to assist me with a friends daughters case.

 

My friends daughter has three children, one ten year old and one five year old and one three, and she has just been summond to attend a meeting under caution to the benefits office. The reason they state for the interview is that they want to know about a certain named person on the interview invite. The named person is her on off boyfriend for the last elevan years.

 

My friends daughter has tried to be as independent as possible due to her on off partner being very unreliable and she has managed to get housing etc without his input. He has visited sometimes for a few nights a week but has his main address with his parents, my friends daughter, lets call her Mary, has never declared him as his input has not been regular or reliable. Several weeks ago he walked out on Mary and their three children and then Mary received the letter last Wednesday requesting the interview.

 

Now Mary is in a real state as she thinks the children will be taken from her as she may be sentenced as she has not declared her relationship. Mary is also very concerned that her monthly rent, due the end of next week will not now be paid by the benefits department, and that she may be forced out of the house which is privatley rented.

 

Not sure that consulting a solicitor is a good idea at this time as she does not yet know what the benefits department are going to say and what they actually know, but would really appreciate some advice to pass on to assist them at this difficult time. Please try not to judge Mary too harshly as she has had a very difficult time with bringing up three children almost single handed and she has also had issues with her health, she has not been able to get work and has tried so always has very little to live on.

 

Look forward to your replies.

[acutetomato]

An interview under caution should be considered in the same way as an interview in a police cell. Tell "Mary" to find a solicitor to represent her. This applies irrespective of how likely it is that co-habitation can be proved. More here: http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

[gem-100]

Hi acutetomato,

 

and thanks for your reply. I would assume that if they have invited Mary for an interview that they would have been watching her at some point. She has never declared her partner, but they have stated his full

name on the interview invite, so they have found out about him some how and surely would not be interviewing her under caution unless they were certain of their information?.

[acutetomato]

They are investigating her based on information that has come to their notice. It sounds as though they will be looking at whether they were living together. There are a number of factors to consider. You say his main address is with his parents ~ is that where he receives all his mail? is that his address for voting? One can't live in two households at the same time. Where does / did he spend the majority of his time? Having a sexual relationship is not proof in itself although it will be an indicator. Their financial arrangements will also be considered, as will the stability of the relationship. The link I have provided gives lots of information on interviews under caution, but Mary really does need to get specialist advice concerning challenging a 'living together' decision and ought to be represented if she chooses to attend the interview.

[gem-100]

Ok, I will find out the info required and get back to you asap. I do not have too much info only what I have been told so far today.

 

Gem

[acutetomato]

Here's what the decision maker's guide says on the subject: http://www.dwp.gov.uk/docs/dmgch11.pdf