Interview under caution....Tearing my hair out !!!!!

[firebladechick]

My partner got a IUC letter and he went for the interview last week, they said it was relating to a claim made in 2009. This is how the story goes....

 

Febuary 2009 partner was diagnosed with type one diabetes, lost his class two licence subsequently lost his job, got another job but was made redundant three months later, we got really behind with the mortgage, was due to go to court to have the house repossesed (thankfully family intervened and bailed us out) He put in a claim for himself, me and the 3 kids was awarded IS,and part housing benefit, but here is our downfall, he didnt declare i was working , which we know was wrong and dishonest, but i only worked 4 hours a week, wasnt on a set wage i only got commission so we didnt think we had to declare it (stupid i know) but we had never ever claimed any benefits as we've always struggled and didnt want anything off the state but we were as they say "up **** creek without a paddle" We came off benefits in december 2009 when he got full time work again.Because he worked for the construction industry which was hit hard in the recession he has been made reduntant a further 3 times since then, but we never made a claim as he was always determined to find another job no matter how hard things were.Last year he started with agencies which were very hit and miss with work, a week here, three weeks there. In august 2011 i phoned (or so i thought) to tell tax credits that he was working but couldnt tell them how long the work was for as every Friday he didnt know if he would be going back to the site!

I got a full time job in January of this year but my partner was out of work, so i told the tax credits this and they said they thought he hadnt been working from August 2001 and would amend our tax credits we are now paying back our overpayment,any how the DWP want me in for an interview now and i dont know what to do or say as we dont know how much the tax credits know and its scaring me silly, we've had our renewal form for tax credits but we dont want to claim as it may open a whole new can of worms.

We will pay back every single penny of any overpayment that is owed we just dont know what the outcome of all this will be, my partner is preparing himself for a stretch inside!!!

If anyone can give me any ideas on what to do or say before i have no hair left i would be truely grateful!!

 

P.S sorry if this thread is long winded

[firebladechick]

Forgot to add the Tax credits included earnings i had not declared for the previous year on the overpayment, thats why im worried about how much they know!!

[Stan Lee]

Forgot to add the Tax credits included earnings i had not declared for the previous year on the overpayment, thats why im worried about how much they know!!

 

Just so I have the timeline right- you were claiming IS and HB from Feb to Dec 2009, whilst working four hours a week.

 

In summer 2011 you informed HMRC that your husband had a job with variable income, although they have no record of this. In Jan 2012 you phoned them back to tell them you were now employed, at which point they informed you that, according to their records, he had not been in employment since 2001.

 

Here is my first question: if they thought he wasn't working, then how have you managed to have been overpaid tax credits?You seem to imply that there has been a tax credits overpayment.

 

Secondly, was your partner truthful during the IUC? On a side note, the investigators will have full access to the HMRC records, so will know about your disclosed earnings. Also, I would not be surprised if they read this forum; I would.

 

Thirdly, what sort of claim was this- was it joint? (I must confess to not being overly familiar with the rules for IS.)

 

If I were you, here is what I would do. First, legal advice. Use yell to look for all the lawyers in your area and email them asking specifically if they have experience in Welfare Law/Fraud investigations. You can delay your interview to get legal advice. Second, you need to find out how much you earned over the period in question. Get all you bank statements together/payslips and decipher what you were earning on a week to week basis. I have seen a figure bandied about here that 67% of overpayment calculations are wrong by the government. Third, make an appointment with a Welfare Rights representative and go and see them with you documentation, including payslips, and letters of award from the DWP/tax credits. They might be able to give you a ballpark figure for the overpayment, and should certainly help you once you receive your overpayment letter from the government (they might be able to check it and see if the overpayment is correct).

 

I would assume from here on in that the investigators know about the period in question, and assume that from here in on what you need to do is damage limitation. Lying to them, or keeping things from them, is not in your interest. That being said, they are not necessarily looking out for your best interests either-- they do have targets to hit -- and so it is sensible to seek out both legal advice and to find out how much you have been overpaid (via Welfare Rights or CAB). You should notice as well that claims that are fraudulent from the outset are considered to be more severe crimes than claims that have lapsed into fraud from undisclosed changes of circumstances, but good legal advice, from lawyers that have had experience of DWP prosecutions in your area, should be able to keep you right on this.

[firebladechick]

Morning Stan thanks for your reply

 

Answer to question 1: They have overpaid us because they have included earnings i didnt declare in 2010-2011.

Answer to question 2: Yes he was truthful in his interview but to be honest he said they were very vague in their questions to him The DWP says it relates to a claim my partner made in 2009, in which he claimed for all of us but didnt decalre i worked.

I cant produce bank statements for what i earned because it never got paid into our account.

My problem is not with this claim as such its to do with how much the tax credits know! Its really stressing me out and i feel physically sick,not eaten for days and my kids can sense that something is wrong,

[Guest amianne]

Morning Stan thanks for your reply

 

Answer to question 1: They have overpaid us because they have included earnings i didnt declare in 2010-2011.

Answer to question 2: Yes he was truthful in his interview but to be honest he said they were very vague in their questions to him The DWP says it relates to a claim my partner made in 2009, in which he claimed for all of us but didnt decalre i worked.

I cant produce bank statements for what i earned because it never got paid into our account.

My problem is not with this claim as such its to do with how much the tax credits know! Its really stressing me out and i feel physically sick,not eaten for days and my kids can sense that something is wrong,

 

HMRC will be aware of two things. The bits you have reported to them on the claim/renewal and you will have to assume that they are aware of every penny that you both have earned in the relevant period from the agencies/employers.

 

In other words assume that they know everything. All you can do is tell the truth but also explain how the whole problem came about.

[sallypotter]

If earnings money not paid into bank account how can they prove?

 

Its not what they know its what they can prove.

[firebladechick]

If earnings money not paid into bank account how can they prove?

 

Its not what they know its what they can prove.

 

I paid my tax every year so surely they would have proof of that and i received an annual statement from the company i worked for!!

[sallypotter]

Ok, i was assuming the 4 hours a week was cash in hand, £40 tops.

 

Seems you are in a bit of a pickle.

 

I'm sorry i don't know what to suggest apart from say as little as possible so as not to implicate yourself and answer questions with "i can't remember" you probably can't.

 

They are certainly not there to help you, so don't let them put words into your mouth.

 

Ask your other half what he can remember and say the same thing. You don't want to have 2 different versions of events.

[Guest amianne]

 

say as little as possible

 

answer questions with "i can't remember" you probably can't.

 

Ask your other half what he can remember and say the same thing. You don't want to have 2 different versions of events.

 

Talk about a conspiracy!

 

What is so wrong with being honest and explaining what you think/believe/know to be the case.

 

It's not what information has been sent to HMRC, it's what you have failed to tell them even though they know beforehand what the answer should/would be.

[Stan Lee]

Talk about a conspiracy!

 

What is so wrong with being honest and explaining what you think/believe/know to be the case.

 

It's not what information has been sent to HMRC, it's what you have failed to tell them even though they know beforehand what the answer should/would be.

 

I agree with amianne; trying to concoct a story with your partner will just get you into more trouble. Investigators do this day in, day out, and will probably have a fair picture of your story circa 2009 already. One option is to read out a prepared written statement (google Andy Mallik benefit of the doubt) but I would strongly advise you to seek out legal advice for help in drafting such a statement. Also, please try and figure out what you have been overpaid by; sort out your finances and speak to someone in Welfare Rights/CAB.

[Stan Lee]

Also, as it stands at the minute the HMRC are far more lenient about overpayments than the DWP. For the latter, if you can try and establish that that the overpayment is under two grand then that shields you slightly in the sense that you won't be up for an automatic referral to the prosecutors (although you should be aware that this would still be quite possible if the claim was incorrect from the outset).

[jacob18]

I hope you are wrong about targets to reach , as im sure i am stuffed and i have told them all along ! Sadly you are probably right , i suppose late forties to get a criminal record is good these days, through no fault of my own. Your advice on what you gave this lady was helpful to me , but then i havent lied and dont intend to.