I have been dumb-ass re Housing benefit and am worried sick - can anyone advise - ** RESOLVED **

[acfoster29]

WOW -my thread has been busy since I last posted!

 

I appreciate all advice and different opinions can give me a bit thinking material. I have already cancelled the appointment which was supposed to be on 20th as i cannot make it on that day, and was told that the person i was having the appoint with will ring me on Tuesday (tomorrow) to re-arrange. I do think I should attend as I really believe I have made a mistake and would want to get that across instead of it being judged on a one-sided story. Even so, I am absolutely bricking it. I suffer from anxiety/depression and have had to double by tablets and take rescue remedy to stop me from way overthinking things - which I do a lot.

 

I also wrote to the council on 3rd August asking for a breakdown of the income figures they have - also they actually calculated and shown me that I WAS entitled to some benefit, but just not the amount I was paid. I had 28 days to make the payment from 24 July.

 

With regard to Estellyn's question about 'other issues' i have just read the letter asking me to attend and it says

 

' The interview will be conducted under caution because you have failed to declare changes in your financial circumstances for the purpose of your claim'.

I am a little confused here because I DID telephone them in July to advise of the changes albeit late. And in the overpayment notice letter it says

 

'We have recalculated your entitlement to Housing benefit because we have received information which shows that you have had several changes to your Tax Credits and earnings since 3 January 2011. After checking our records we can find no trace of you telling us about these changes in your income at that time'

 

Any further thoughts on these details will be helpful.

 

Finally, I think I would cope better at the interview if I did have a prepared statement as I really get easily flustered - go bright red - shake and will probably sob and might not even be able to speak. Is this a sensible idea?

 

Thanks everyone

[estellyn]

So from what I can understand, it appears that an automatic overpayment notice was generated due to your informing them about your wage changes. then due to the fact you failed to notify changes an IUC has been triggered.

 

Yes, a prepared statement is a very sensible idea, as I feel it would be easier to get across the difficult circumstances that made you neglect to notify all changes - not through any deliberation. And also detail the other changes that took place regarding your tax credits that you also didn't notify (but not in your favour). In my experience when the caution is read, the person feels really freaked out, which makes it difficult to think clearly - heck on my first IUC as a rep, knowing nothing, I was freaked out by the caution - which the investigator who was friends with my boss laughed at with her later, saying I looked like a bunny in headlights! Just be prepared for the caution, and it won't scare you so much.

 

The other thing is the fact that you did eventually notify them yourself. HOWEVER, if this happened after they asked your employer for pay details, then it won't hold any weight, as they will just assume you acted to inform them once you thought you were under investigation. If they contacted your employer after you notified the change of circs, then it is worth mentioning your voluntary notification albeit very late!

 

Its also worth being very sorry in the statement. Genuine remorse and full co operation can, in my experience, go a long way.

[kk3852]

Benefits bod - I have to firmy agree with Jabba.

 

In a straightforward working and claiming case - if the IUC is attended and the overpayment is under "£2k then the case can be disposed of with either a caution or an ad pen. Caution if fully admitted and Ad Pen if not.

If the overpayment is in excess of £2k and it is clear from the IUC that a prosecution would not succeed then again it would be dealt with without recourse to the Courts. Either closed down with no sanction or an ad pen.

 

If someone refuses IUC then there is no option but to refer for prosecution (witness statements will be obtained from as many people as possible to support the case) or if the overpayment is believed to be substantial then the police will be asked to arrest and seach for evidence on behalf of the DWP/LA.

 

It is up to the individual which course of action they would prefer to take, but IN MY OPINION I cannot see what someone could possibly gain by refusing to be IUCd in circumstances as outlined by the OP.

[acfoster29]

 

 

The other thing is the fact that you did eventually notify them yourself. HOWEVER, if this happened after they asked your employer for pay details, then it won't hold any weight, as they will just assume you acted to inform them once you thought you were under investigation. If they contacted your employer after you notified the change of circs, then it is worth mentioning your voluntary notification albeit very late!

 

 

I notified them in the same week as my Tax Credits Renewal because I completed and submitted my Tax Return so had the up to date figures. It appears they contacted my employer in the same week and perhaps on the same day so I can see they might think I reacted to this. Does this go against me in a major way?

 

I have just been in such a mess....normally I usually complete my tax Return on 6 April and renew my Tax credits as soon as the pack comes through but this year I have left everything so late and this is really unusual for me.

[jadeybags]

How did you get on? Have you been to the interview yet? I did speak with a benefit solicitor when I was in a similar situation as you. Luckily a friend had used him when he did have to go to court for benefit fraud, so gave me his number.

He did say IUC's can be a bad thing for someone with an obvious benefit fraud case, but not in this situation. In the obvious fraud ones he does advise people not to go, simply because that tape can make his job harder in court.

My IUC didn't end up with me going to court & my OP was more than yours. I didn't even have any mention of caution or penalties, but did have to pay it back.

[acfoster29]

Hi Jadeybags,

 

The interview is tomorrow morning....yikes. I am going on my own and will take all my medical letters and things which support the fact that I have now been diagnosed with Multiple Sclerosis and also Anxiety and just hope for the best. I did not fail to disclose intentionally and will just tell them that. The officer did call me to re-arrange the interview and could tell that I was upset and said that I shouldn't worry too much, it was just because it was quite sizeable that someone like him gets involved - which did reassure a little.

 

I will post on tomorrow to update everyone.

[RaeUK]

Just wanted to wish you all the best for tomorrow. Haven't caught up with the thread and have missed all the debate. Which, tbh, I'm rather grateful for. My own personal view is to relax, go in there with an honest and open mind. Be truthful. (All this is far easier said then done!). The IUC is generally your first opportunity to actually see all the evidence that the DWP feel they have for their case. Don't forget that this is also your opportunity to ask questions on the record, this can and should be a two-way process. If they bring anything up that you are not expecting or cannot comment on with sufficient authority, don't be afraid to say so and ask for further time to look into what has been mentioned. Best wishes ...

[acfoster29]

Well, I'm back from the interview. It was quite harrowing to be honest - I just ended up sobbing throughout. There were two people there and to honestly they did try to put me at ease and gave me time to answer the questions.

 

I know they have a job to do but I couldn't help feeling a little intimidated. I found it hard to explain why my illness had impacted on the reason for not reporting the increase in wages sooner and they seemed to insinuate that because I was still working in my job and had not taken any time off sick, then this could perhaps be disputed I offered them the contact details of my Neurologist but he said he didn't that was necessary.

 

When I mentioned about not telling them about the decrease in tax credits, he just said that that had actually decreased the level of overpayment so didn't seem bothered.

 

When I mentioned that I did actually call to report the change he said that they had already started the overpayment proceedings.

 

So, at the end, he said that because i had been so upset he would call me personally in the next few days to let me know what the decision is which he hopes will put my mind at rest a little.

 

I have come to the conclusion that I am NEVER claiming benefits again because I will be so scared of making the same mistake again and the thought of another IUC just terrifies me.

 

Thank you all for your advise and support so far (albeit a bit heated at times?!) x

[abc123def]

Wishing you all the best acfoster

[acfoster29]

....and as he promised he rang Friday to say that the council have decided to avoid court action but instead will deal with by way of a fine.

 

Although I think this is a little harsh considering my circumstances, I am happy it isn't going to court.

 

Thank you so much everyone for your helpful input in my case xx

[honeybee13]

Hello again.

 

I'm pleased you've managed to resolve this, even though it's not your ideal outcome. Thank you for letting us know, this could help future caggers who find themselves in the same position you were.

 

I'll change your thread title.

 

My best, HB