Accused of HB/CTB fraud, need abit of advice

[millssy]

Hi All,

 

I have had a letter through accusing my partner and I of HB/CTB fraud.

 

I have been invited to an interview under caution and just want a bit of advice to make sure i am not on the back foot when i turn up.

 

I have looked over my last 2 years worth of income etc and i cant see anything wrong and looking at the benefits calculator we still qualify .

 

Unfortunately it looks like i fall into a gap where i don't qualify for legal aid and i don't have any spare cash to pay for a solicitor..

 

The advice i am after is how do i go about getting the council to disclose the evidence they have against me? Is there a template letter i can send them, unfortunately i am not knowledgeable in legal lingo so i don't know how to construct the letter.7

 

Thanks in advance.

[kk3852]

Short answer is - you can't.

 

They will only disclose to a solicitor immediately prior to the interview and that is so that you can be properly represented. You will be able to go the interview and then ask for it to be suspended for you to obtain legal advice at any time. So in effect you could find out what it is about, what evidence they have and then ask for it to be suspended

[estellyn]

Hi All,

 

I have had a letter through accusing my partner and I of HB/CTB fraud.

 

I have been invited to an interview under caution and just want a bit of advice to make sure i am not on the back foot when i turn up.

 

I have looked over my last 2 years worth of income etc and i cant see anything wrong and looking at the benefits calculator we still qualify .

 

Unfortunately it looks like i fall into a gap where i don't qualify for legal aid and i don't have any spare cash to pay for a solicitor..

 

The advice i am after is how do i go about getting the council to disclose the evidence they have against me? Is there a template letter i can send them, unfortunately i am not knowledgeable in legal lingo so i don't know how to construct the letter.7

 

Thanks in advance.

 

The most common reason in these situation is the person has forgotten to inform of a change in tax credits - have you checked your tax credits award against your HB awards?

[millssy]

Short answer is - you can't.

 

They will only disclose to a solicitor immediately prior to the interview and that is so that you can be properly represented. You will be able to go the interview and then ask for it to be suspended for you to obtain legal advice at any time. So in effect you could find out what it is about, what evidence they have and then ask for it to be suspended

 

But if I am representing myself than they have no choice but to disclose the information to me, i am my own solicitor!

 

The most common reason in these situation is the person has forgotten to inform of a change in tax credits - have you checked your tax credits award against your HB awards?

 

We dont get Tax credits, I try not to take any handouts! the only reason we went on HB s because money was so tight we had no choice.

[kk3852]

But if I am representing myself than they have no choice but to disclose the information to me, i am my own solicitor!

 

 

 

Are you legally qualified ?

 

They will disclose to you - during the interview and not before

[Stan Lee]

Really, there are three possibilities on the table: they think you have misled them in your initial application for HB; they think you have not informed them of a change of circumstances; you have been in receipt of a large overpayment -- that may be their fault -- but the LA rules require them to interview you as standard protocol.

 

Estellyn and KK3852 are both far more switched on about this than I am, but this board sees a lot of people posting who have complicated on/off relationships with their spouses, often exacerbated by sharing addresses and joint bank accounts post-split. Also, undeclared capital seems to pop up now and again, where a 'client' has either failed to inform the LA of money or property they have, or has inherited some during the claim but not realised/chosen not to declare it to the relevant authorities, and/or only declared to one government office, erroneously believing that different government departments (HMRC, LA, DWP) will 'talk' to each other.

 

Even if you can't afford legal advice, I would suggest a chat with Welfare Rights or CAB. People have had different experiences with them, and the quality of the service that they provide seems to vary depending on manpower and experience in the area, but it doesn't hurt to try.My own local Welfare Rights are brilliant not just with this, but other welfare issues (ATOS, etc). In your shoes, I would also be tempted to e-mail round solicitors asking specifically if they have any experts in social security law/benefit fraud, as they often offer free half hour advice sessions, which is better than a kick in the head.

[lilyx0xmunster]

certainly obtaining legal advice is a must! email as many law firms as possible for a free half hour session as more often than not the 'interviewers' figures are exaggerated (i found this out the hard way after being given wrong advice) and only after conviction most people find they could have appealed the amount and the circumstances:-) around the 'fraud' being committed.. Good luck x