Asked to attend an interview

[cus-im-tnt]

I recently recieved a phone call about work I did last summer without telling the job centre. I worked for approximately 3 weeks. During this time i was on housing benefit and income support. I have been living away from my parents since july 2011 and am a full time student with no other income so i was entitled to these benefits. I moved out of the address of which i received housing benefit around july 2012. I have now moved into a place for which i get housing benefit. This tenancy started on 2 jan 2013. Between moving in and moving out i have been living at different friends housing every night or where ever i can stay. I told the council that i was moving out so the housing benefit was stopped however the income support was not stopped. ( i thought they were the same people) I understand that as i was working i was not entitled to benefit which is fair enough. However, would i have still been entitled to income support despite not having a permanent address? If i was not the amount over-paid would be around £1700, but the eligibility criteria is that i am estranged from parents ( which i am) and that i am in full time education with no other income. I meet this criteria. What would a likely punishment be if they decided to take action? This is a first offence.

[cus-im-tnt]

Also, could anyone advise me on where to get free legal advise in this area? Thanks in advance. I'm 19 by the way.

[cus-im-tnt]

Anyone with legal knowledge can you please take a look at Coventry City Council v Vassell [2011] AND R v Passmore 2007

[kk3852]

I dont understand that you say you were phoned about this work...have you been asked in for an interview under caution ? This would have been sent by post and have informed you that it was a formal interview.

 

If you have received a phone call it is unlikely that this is an IUC.

 

For income support, regardless of your conditions of entitlement, you are only able to work up to 16 hours a week . Any earnings are deducted £1 for £1 from your benefit after disregarding the first £5.

[cus-im-tnt]

"someone" from the job center rang me and said we want to have an interview about this. He did not however mention under caution. I have yet to receive a letter about it but expect to soon. I am just assuming that whats it will be, and expect it to be realistically. He told me i would receive a letter

[scotgal68]

You would still be entitled to Income Support for the periods you met the conditions. Did you receive the income support because you were in full time non advanced education, as well as estranged from your parents?

However HB and IS are not administered by the same agency and it is your responsibility to inform them of

changes. So what is it you're seeking legal advice on?

My guess is your income support was stopped because you failed to notify them of a) working B) change of address.

[cus-im-tnt]

I would like to know of the likely punishment. My housing benefit has not been stopped. I will know if my Income support has been stopped tomorrow. Surely me stopping my housing benefit by telling them of my address change shows i had intention to inform them of a change of circumstances, even if it wasn't the correct agency. I thought it was both Council. I received income support as i was estranged and in full time education. When i applied they back dated it to before i had the tenancy in 2011 suggesting that the income support was not based on me having an address?

[scotgal68]

Income support isn't based on having an address, but changing address must be reported. It's not wrong to assume that one agency informs another. But you said you're still getting IS? Is that correct?

[cus-im-tnt]

I received an IS payment on the 31 jan and expect to tomorrow. I received my housing benefit yesterday AFTER i received this phone call. I received the call last friday. Anyway i know i committed an offence when i worked for 3 weeks last summer. What would the likely punishment be for it? I estimate i earned MAX of £800 during this period. I am unsure of what my housing benefit amount was as it was paid to my land-lord but i doubt it would have been more than £200 a week.

[scotgal68]

They might just ask you to repay the money, it's difficult until you actually find out what info they have. The issue with intent to notify them of a change of address isn't the same as not notifying them you were working. Is it definitely not an IUC? I would wait until you receive the letter, you'll have more of an idea then. Are u sure it was deffo the DWP/JC/HB that rang you?

[cus-im-tnt]

Definitely the job center. They said they will send a interview letter but there was no mention of it being under caution. Recon I would just get a caution then?

[scotgal68]

Interview under caution doesn't mean that - It means if the DWP suspect a person of having committed a criminal offence then they must inform you that anything you say might be used in criminal proceedings BEFORE they start questioning you.

As I said it might be a fact finding exercise and after that they will decide what course of action to take.

Read this :

http://www.dwp.gov.uk/docs/sanction-policy.pdf

[cus-im-tnt]

I have read every possible bit of info google can bring up. Is the offence so bad that it would go to court? I only worked for a few weeks?

[bio]

Is the offence so bad that it would go to court?

 

Generally, only cases where the total overpayment of benefits exceeds £2000 do they go to court.

[cus-im-tnt]

Thats sweet then

[cus-im-tnt]

I have just received an income support payment

[cus-im-tnt]

Interview under caution doesn't mean that - It means if the DWP suspect a person of having committed a criminal offence then they must inform you that anything you say might be used in criminal proceedings BEFORE they start questioning you.

As I said it might be a fact finding exercise and after that they will decide what course of action to take.

Read this :

http://www.dwp.gov.uk/docs/sanction-policy.pdf

 

Does this mean they have acted wrongly by questioning me over the phone without informing me of my rights?

[antone]

Does this mean they have acted wrongly by questioning me over the phone without informing me of my rights?

 

No. It just means that they would have trouble using your answers in court, if it came to that.

[cus-im-tnt]

Just thought i would provide you with an update as to what happened. I received a letter asking me to attend an office interview. i admitted i had worked etc and they just have deducted it from my benefit payments to repay it. The man interviewing me was nice and supportive. Just said its important to tell them of changes etc. He said once is a mistake but more times they will investigate further

[scotgal68]

Good outcome x

[Stan Lee]

Just thought i would provide you with an update as to what happened. I received a letter asking me to attend an office interview. i admitted i had worked etc and they just have deducted it from my benefit payments to repay it. The man interviewing me was nice and supportive. Just said its important to tell them of changes etc. He said once is a mistake but more times they will investigate further

 

Yo know, it's easy to skewed impression of the DWP/LA here because of all the horror stories (even though there are fantastic government staff who advise here on their own free time- thank you!), but it's good to read non-horror stories like yours. I would also say that you have been lucky, as well... Sounds like they could have pushed this further had they wanted to.

[jabba jones]

Yo know, it's easy to skewed impression of the DWP/LA here because of all the horror stories (even though there are fantastic government staff who advise here on their own free time- thank you!), but it's good to read non-horror stories like yours. I would also say that you have been lucky, as well... Sounds like they could have pushed this further had they wanted to.

 

It sounds like Compliance dealt with it not FIS, hence the don't do it again warning.