Interview under caution

[Desperate Daniella]

Anyone would be worried in your situation. You will get through it, and as soon as this is sorted out and you get a new job you will be able to have your ex stay over as much as you like.

 

They do watch though so it's probably best if he doesn't stay over at all for the time being.

 

DDxx

[NoworNever]

"The worst thing will be that you have to pay the money back. As jadeybags says above, they don't want to waste money on prosecutions in cases like this, and you can confirm this by looking at the website. They go after people who are seriously cheating the system, not people like you. " Not strictly true though. From the information provided this looks like a text book LT case. Nobody on here can tell you what will happen, that is a decision for the authorities acutally involved in the case. I've read a lot a people saying things along the lines of "as he has no income you'll be ok". Sorry but not true either. You say he gets money from family and then say he has been disowned by his mum - doesn't make sense does it. If its his sister, brother etc who give him money - who are they, are they on benefits, do they have families ? are they millionaires ? where are they getting this money from ? How realistic is it to expect that he has no income at all ? Why doesn't he claim benefits ? Why doesn't he work ? They could easily used an assumed income for him, meaning you would no longer qualify for HB and CT support and put the onus on you to prove otherwise. I understand that people are trying to make you feel better saying you have nothing to worry about, i get that, but I think you need to take a realistic look at your situatiion. I would recommend sticking to the truth at the interview. You say he has no income and I'm not here to say that he has but if you go in saying he doesn't and the investigators have some proof that he does then they are hardly going to consider alternative options other than a criminal prosecution are they ?

[Drivingmemad]

Hi thanks, I need him now more than ever, I freely admit I am unstable emotionally although I'm not proud of it. Should I go the job centre, explain what is happening as above and see if my claim can be amended to claiming as a couple even though technically we are not? At least tha way he can be here without any further damage being done? Or even ask them to stop my IS claim myself as I don't want to get into more trouble with him being here this week, he is in court next week and wants t be wit the kids as much as possible, trial is next month but he could go away as early as next week...time is precious for them. I don't know what to do for the best, it's such a mess xx

[foolmum]

just tell them like you have said...i know you are scared...i was when i was investigated by tc.....think positive you will get it sorted and come out of it stronger....even if you have to repay you can only give what you can afford....you are not alone there are lots of us who have been and are going through this....just be honest is the only advice i can give....keep your chin up.....thinking of

you xxxx foolmum

[Drivingmemad]

He really doesn't have an income...he doesn't work at all...suffers agoraphobia...still never claimed benefits...been in and out of prison most of his life...no his family are not millionaires, partner works, sister works and obviously I given him money for petrol and anything else he needs when i can afford to. He doesn't financially benefit me in any way. I know he has sold his car a few times and taken some money out to live on but is by no means earning a living. I don't get anything from him,I am not benefitting from him being around. I am more skint on benefits than I have ever been in my life. I have worked my entire life from leaving school. I had to stop until my dd goes to nursery, she has I'll health, have I'll health but I Don't try claiming sick benefits because don't feel my illness is deserving enough, although I understand I could. I don't need or deserve the extra money. I am thousands of pounds in debt and trying to pay everyone back. My life is a mess and I freely admit it, I am worthless I understand that but I love my children and they if no one else need me which is the only reason I am here today.

 

What is a text book LT case?

[Drivingmemad]

Thanks foolmum xx

[Drivingmemad]

Yes parents disowned him 2010, still in contact with brother, sister, parents were loaded so work not an issue at that point. Just to clarify for Nowornever xx

[Desperate Daniella]

Please don't go to the jobcentre and start trying to amend your claim now. That really will make them suspicious.

 

Also, don't stop your IS claim.

 

You mustn't do either of these things until after the hearing, if you still want to do that.

 

You are innocent, and you must, as we are all saying, tell the truth about the whole situation, including the fact that you are letting him spend so much time with the children because he may be sent to jail.

 

NoworNever has raised some very good questions they may ask you about his family, why he isn't claiming benefits, and so on, and I think you should be prepared for these.

 

I am 99.999999999% sure you will not be prosecuted. I've heard of people having to pay the money back sometimes, but the people they prosecute do tend to have lied about not getting money from their partners, or it's seen they are 'working the system'. You are clearly vulnerable and I think they will recognize that. Can you get anything from your doctor to show you are having problems coping?

 

It's not a question of saying things to make you feel better, although we hope you do. It's about the balance of probabilities of their taking action against you.

 

Do you know what the total figure is that you've had in CTB, HB and income support?

 

DD

[Drivingmemad]

Hi no I don't know the figure/dates yet can I ask them before interview? Xx

[Desperate Daniella]

You are not "worthless". Don't think that for a single minute. You have worked for most of your life. You are a good mother to your children.

 

Are you getting help with dealing with the debts?

[Drivingmemad]

Thanks I know different but thank you.

 

Yes cccs at the minute xx

[Desperate Daniella]

Hi no I don't know the figure/dates yet can I ask them before interview? Xx

 

With income support just see what they have given you for the past six months or so?

 

Also, add up what they have given you in Housing Benefit since you started claiming, and your CT bill should show any discounts.

 

It doesn't have to be an exact figure, just roughly.

[Desperate Daniella]

Thanks I know different but thank you.

 

Yes cccs at the minute xx

 

From where we are sitting you look like a mum who is doing her best.

 

Can you cope with the arrangements currently in place with CCCS? Are you being left alone by your creditors and/or their representatives?

[Drivingmemad]

I havent got that far yet, just I initial stages at the minute xx

[Desperate Daniella]

If and when you want debt help and advice just start another thread, or one for each of the creditors (with their name in the thread title) and you will get some good advice.

 

CCCS are a good starting point and they'll usually get the creditors off your back for a while at least, but they were set up by the banks themselves. There are things they won't tell you which could work better. We can tell you how to interpret DCAs' letters, and how to deal with them, and how to prioritise. You may prefer the buffer of CCCS but you can get a second opinion here if you would like that.

 

The main priority right now though is getting through the interview.

[Drivingmemad]

Thanks I will look into that after the interview. Shall I get all his bank statements? They have been getting sent here for approx 6 months, prior to this they were sen to his parents joint address until 2010, when his parents split, I moved into his step dads house with permission of HB completely aware of exs step dads relationship with my children, all above board with rent book etc. so his letters went there for a few months, when he had no fixed abode, he did claim jsa for approx 1 month from his father in laws new address as a care of address as he had no fixed abode but stopped claiming. It's purely bank statements and driving licence. And only for last 6 months to my address. I should mention he is not the father of my 2 oldest but that is another story, just the youngest 2. We never lived together. We have only been this close in the last 2 years s prior to that we had issues but when we the kids became unruly We needed him and he stepped up. He has been a father figure to my oldest 2 since oldest was 3, now 9. Can explain more if required xx

[Desperate Daniella]

Anything that proves you have no connection to his finances is good. Make sure there is nothing at all in there that connects you. I'm sure the people doing the interviewing will have heard of exes using addresses for bank statements, but that is never a good idea. You can also say he had to give an address for his bail and yours was the only one he could give. (I think you mentioned that they check up that he is at your house?) His other family members couldn't be forced to let him use their addresses, and really why should they have done?

 

He's been the father figure to all your children for six years so it's understandable they want to see him, and he wants to see them especially in light of the fact that he may be away for some time.

[Desperate Daniella]

Also, I think you said your youngest has health issues which means you need his help and support more. Do take some evidence of that.

[Drivingmemad]

Thanks DD. I have used his account to put money into it ie. when I have lost my debit card/needed to draw out more than I can in one day, but there are no direct debits on it or bill payments or anything of the suchlike and never has been, I am just so stressed as I can see now how to it might look to someone who doesn't know us. As I say I have only been claiming IS for 6/7mnths I think I might write down everything and show it to the solicitor before we go in so I don't lose myself in sobbing. I explained it to the solicitor on the phone and he seemed fairly happy with everything. We don't have any financial links, other than the joint car insurance. When we were together we did thik about moving in together but never did and at the time I did ask that if my partner (at the time) were to move in (I was working then) what would the implications be on my benefit as he wasn't working and ha no income, to which I was told there wouldn't be much if any difference. So I had nothing to gain by telling lies/making false claims. I know everyone says only guilty people take a solicitor but even CAB told me to so I am going to do so anyway.

 

It's funny isn't it how there are those that do cheat the system for years and never get found out. Xx

[Desperate Daniella]

I think if you sat there with a solicitor and said, "no comment, no comment," then you would look a bit dodgy, but you are not going to be doing that, and having the solicitor there will reassure you that they won't browbeat you. I know you are very wobbly.

 

Make sure you write down all these points, including the advice that you were told it wouldn't make much difference.

 

I would think you have to be a very strange person to cheat the system for years. I would just never sleep at night because I'd be so worried.

 

Just be honest about it all and stick with it, and - very important this - don't try and avoid any questions because you think you might drop him in it. You and the children are the priority.

 

From what you say it sounds as though the solicitor thinks you'll be okay. I'm sure he'd tell you straight if he thought there would be any major problems.

[jadeybags]

Tax credit over payments & DWP/LA over payments are a totally different ball game by the way. I don't think I have ever heard of anyone that has blatently committed tax credit fraud ever end up in an IUC (although of course it can happen, it's just as rare as hens teeth) yet someone in your situ, perfectly innocent is hauled in. Doesn't make sense does it.

You may be able to work out what you would have been entitled to claim by using the turn2us benefit calculator. That may give you an indication of what you have been over pad IF they decide you have been LTAHAW. Which is living together as husband & wife or LT..living together.

[EagerElephant]

"The worst thing will be that you have to pay the money back. As jadeybags says above, they don't want to waste money on prosecutions in cases like this, and you can confirm this by looking at the website. They go after people who are seriously cheating the system, not people like you. " Not strictly true though. From the information provided this looks like a text book LT case. Nobody on here can tell you what will happen, that is a decision for the authorities acutally involved in the case. I've read a lot a people saying things along the lines of "as he has no income you'll be ok". Sorry but not true either. You say he gets money from family and then say he has been disowned by his mum - doesn't make sense does it. If its his sister, brother etc who give him money - who are they, are they on benefits, do they have families ? are they millionaires ? where are they getting this money from ? How realistic is it to expect that he has no income at all ? Why doesn't he claim benefits ? Why doesn't he work ? They could easily used an assumed income for him, meaning you would no longer qualify for HB and CT support and put the onus on you to prove otherwise. I understand that people are trying to make you feel better saying you have nothing to worry about, i get that, but I think you need to take a realistic look at your situatiion. I would recommend sticking to the truth at the interview. You say he has no income and I'm not here to say that he has but if you go in saying he doesn't and the investigators have some proof that he does then they are hardly going to consider alternative options other than a criminal prosecution are they ?

 

I'm sorry but I think you are scaremongering - HB/CTB have to use a common sense approach when someone does not disclose their income such as a non-dep. If they have the ex-partners bank statements they are going to see he has no income and unless there is any concrete eveidence that he works they will have to put him in as nil income.

 

HB/CTB will try to used assumed maximum income but it is an easily appealable decision which I have done on numerous occasions.

[Drivingmemad]

Thanks JB and EE. The bank statements will show he doesn't have any kind of income, I won't be able to get them before the interview but will get him to request thm today and dig out what I can to take with me. It would probably be a good thing if they hav been outside taking pics as they will also see how often he is here and that he doesn't come and go at certain times such as work times (tea time/morning etc). I will also chek out the turn2us calculator, I just don't know how lon they think we have lived together so do I just go from the time I started claiming IS? Thanks for all the advice, much appreciated. Xx

[Drivingmemad]

Also my letter was from HB/CTB no mention of IS, will IS be there anyway or would that have been a seperate letter altogether or included on the letter I received? In the first instance I received a DWP claim form to fill in and send back which I did, then 1 week later got the IUC letter from HB xx

[hannah87]

Hi drivingmemad, I tried sending you a message but my post count isn't high enough. Just wanted to say I'm facing the same thing but my ex is working, hope it all turns out ok for you.