Council wants an interview under caution

[Matt2929]

Hi everyone

 

I have been claiming housing benefit and council tax benefit for 6 months and they now want me to do a interview under caution. There reason is that I did not prove my income, I work 16 hours per week for a family friend and I get paid in cash, I have no records of this as its just a little temp job I do at her shop.

 

I also get wtc.

 

After dong research on this it feels like its actually their way of making me admit liability on tape, even though regardless of wether I a on working tax credits or job seekers allowance I would still be entitled to housing and council tax benefit.

 

Last thing I want is to get prosecuted or go to court!

 

My thinking is actually not to attend the interview, but to instead create a big printed statement along with supportive evidence from my employer and send it in instead and let them make what decision they wish to on it.

 

If I go to the interview they will fire questions at me which I will stumble on and I will look like I don't know the answers and I will feel under pressure.

 

My feelings are that if they did not have sufficient paperwork from me it was actually their error to give me housing benefit in first place.

 

Can I have your thoughts please?

 

Thanks

 

Matt

[abc123def]

Your employer must have firm evidence of the hours you work and the money they pay you? It should all go through their books. I would ask your employer for a copy of your contract (even if a temporary one) and that paperwork demonstrating your pay and I would hand that in to your LA asap.

 

Matt, are you in receipt of qualifying disability benefits or are registered disabled? I assume that you are and that is why you are eligible for WTC while only working 16 hours a week.

[Matt2929]

Hi there

 

My employer is my family friend so I just do some paperwork for 16 hours a week and she gives me cash, I do have a contrat but I get paid in cash as its only a small amount.

 

Yes, I get dla due to my disability.

 

This is all really worrying me, I can't actually deal with the stress.

[abc123def]

If it were me I would hand in all the evidence (copies of, keep the originals) to the LA asap then ask if they still want the IUC to get ahead. If they do, then I would go along but take someone along to support you. It may be absolutely nothing to worry about. Hopefully them having the evidence will be enough though. I am surprised they had not asked for evidence before though, my LA wants evidence before they begin paying out any benefit.

 

Are you receiving the minimum wage or above?

Current rates:

£6.08 - the main rate for workers aged 21 and over

£4.98 - the 18-20 rate

£3.68 - the 16-17 rate for workers above school leaving age but under 18

 

so if you are 16 or 17 you should be earning £58.88

or if you are 18-20 you should be earning £79.68

or if you are aged 21 or over £97.28

 

per week.

Edited August 23, 2012 by abc123def

[Matt2929]

Thank you

 

I am 29 years old, I get £111 per week. They will still want the interview, the women who wants it has already been to my house to do a residency check to make sure I was actually living here!

 

I think they will try to do their worst, I feel if I go along I will actually cause myself more harm than good. Isnt handing in a written statement better? How do I get a free solicitor?

 

Thanks

[honeybee13]

Hello there.

 

If you're looking for specialist legal advice, I would see your local CAB who should have local contacts and be able to advise you about whether the advice can be free.

 

fwiw, I don't think it's a great idea to work for cash and have no paperwork, it can cause other problems.

 

My best, HB

[Matt2929]

Thank you. Oh I agree, but getting a job with a disability is a nitemare so she is helping me out by letting me work for her when needed.

 

I no longer want housing benefit or any other type of benefit, but if I stop them now I will probably look even worse.

 

I actually have done nothing wrong, they just want proof of income it states, although I did fail to let them know my wtc went up by £8 per week. Which is my fault.

 

How can I avoid court?

 

Thanks

[honeybee13]

Hello again.

 

I'm sure you'll have more answers here, but have you seen the CAB about this? They've helped other caggers with overpayment problems and may have contacts locally to you.

 

HB

[Matt2929]

I don't mind paying money back at all.

 

I just don't want them to prosecute me

[abc123def]

I no longer want housing benefit or any other type of benefit, but if I stop them now I will probably look even worse.

 

 

Matt, you can't afford not to claim HB and CTB if your wages are £111 a week though can you, so don't stop claiming what you are entitled to.

[Matt2929]

I would rather struggle than go through this stress

[abc123def]

Well if you didn't pay your council tax when you had the whole bill without benefit deducted the baillifs would call and then jail is an option after that (my brother went to jail for just that). If you didn't pay your rent as you would be liable for it in full without benefit you would be taken to court in the eviction process, so I can't see how that could be less stress than claiming something you are entitled to.

 

I would get yourself to the Citizens Advice Bureau, someone there will phone for you and see what the issue actually is.

[Matt2929]

Guys,

 

I spoke to a solicitor and said that because I can prove my income I have nothing to worry about there. However, it is a offence that I did not tell them that my working tax credit went up by £8 per week about 5 weeks ago.

 

What is the best excuse I can give them as to why I failed to do this? The truth is I just forgot, had I of told them, I would actually of got more housing benefit!

 

Thanks

 

Matt

[id6052]

the best thing to do about change in tax credits is tell them as soon as possible,

 

if the change only occurred 5 weeks ago, there is no need to make up an excuse, just tell them you forgot to advise them sooner

[gregbythesea]

Hi there

 

My employer is my family friend so I just do some paperwork for 16 hours a week and she gives me cash, I do have a contrat but I get paid in cash as its only a small amount.

 

Yes, I get dla due to my disability.

 

This is all really worrying me, I can't actually deal with the stress.

 

I think that this brings out a very important point.

 

For those who are disabled and work for themselves.

 

It is much easier to prove a cash wage, either using the employer's records or your own bankings of the cash.

 

However when it comes to being self employed there is no evidence of the amount of cash received for sales. How does one prove their sales figure if you only deal in cash?

 

Try telling the LA that you work for 16 hours yet only receive £50 cash.

 

Is it for the LA to prove that it was only £50 and that no cash ended up in the back pocket with no invoice being issued? Or is it for the individual to prove to the LA's satisfaction that you only received £50 and didn't receive anything else?

 

Many has been the time that I have paid someone in cash to get a cheaper bill - no VAT added for a start. That money won't be recorded in his books or in his bankings.

[abc123def]

If the OP lies to the LA or the DWP about his income that is fraud. Hopefully no one on this board would condone or encourage fraud. From what the OP has already posted about the stress of possibly inadvertently commiting fraud, I don't think they would stand the strain of actually knowingly commiting fraud and possibly being found out and being convicted.

[Matt2929]

I have not committed fraud what so ever. I have been nothing but honest and open with the council, they have my contract of employment and I told them I get paid in cash.

 

If they still issued housing benefit at that point it's more down to them than myself.

 

I'm just going to go in there and tell the truth, and I have a statement from my employer now as well, that should be enough.

[abc123def]

Well done Matt, I am sure you will be fine.

[Matt2929]

Thanks guys for all your help, much appreciated, I will comment again after the interview on the 30th to update it I case anyone reads this and has to go through the same thing.

 

Thanks

[jadeybags]

They are used to slight over payments due to a rise in tax credits, don't panic about that too much, they usually just take that over payment out your benefit weekly.