My benefits are suspended while I get investigated for benefit fraud - what happens next?

[Lady Madonna]

My benefits have been suspended for 11 weeks so far while the DWP investigate me for benefit fraud. I am innocent but they havnt proved me innocent or guilty. I know if they find me innocent they will repay it all but if they find me guilty my question is this, Do they

a) repay the money theyv taken so far and then tell me to pay back in installments?

b) say i owe them so much and keep what theyv taken so far and then i pay back in installments?

c) say i owe them so much so keep what theyv taken so far and not pay me anything till its all reclaimed?

 

I have had to borrow of friends and family to get thru and if the dwp pay me back i can clear my debts but if they dont then im screwed... nobody (def not the CAB) can tell me how they proceed.

Can anyone advise please?

Thank you

[antone]

Hi, and welcome to CAG. I'll move this post to the Benefits Forum where you should get more responses.

[tomtom256]

It all depends on the why they are investigating you.

 

If they have suspended it, it generally means they do not think your entitled to it and it's been suspended to prevent any further possible overpayments whilst they investigate.

 

Once they have the evidence, if they don't have it already you should be invited to attend an inteview under caution so that questions regarding the doubt and the evidence can be put to you.

 

If there is no case to answer the benfit will be desuspended and payments released, however if they prove the offence you will get nothing unless still entitled and possibly have to pya back whatever period they deem to be fradulent.

[scotgal68]

This might help you

https://www.gov.uk/benefit-fraud

[Lady Madonna]

Thanks for that. They havnt actually charged me yet. They interviewed me under caution over 2 months ago. They clearly thought I was working and I wasn't. I said I wasn't and the owner of the shop said I wasn't.

Is there some time limit by law that they have to make a decision by? They can't just leave me skint indefinitely can they?

[Ladychubbs]

I'm going through the same. My house was raided at six am and I was thrown in a police cell for ten hours then interviewed. I am innocent yet they are trying to say my boyfriend makes a financial contribution to my house. He doesn't he had his own place but stays at mine a lot. I pay everything myself and I can prove it. I don't understand how they can stop all my benefits. I'm in arrears with everything ans don't know how I'm going to get through this! All my bank statements show I pay all my own bills. My boyfriend doesn't even know who supplies my gas or electric, he doesn't even put my bin out! I do it because its my house. I have a son who is going to be 21 next week and I can't even buy him a present. My son is disabled and a handful this added stress is horrendous. I thought you were innocent til proven guilty! No you are not! I'm treated as guilty and I've got to prove my innocence. Why don't they just give me a lie detector test and ask my if I am a benefit cheat?

Edited July 19, 2013 by Ladychubbs

[citizenB]

I am going to start a new thread for you Ladychubbs.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397483-Re-My-benefits-are-suspended-while-I-am-investigated-for-benefit-fraud-what-happens-next

 

The link above will take you directly to Ladychubbs own thread. I am sure she will appreciate any assistance.

[mick57]

Hi I just Thought I would give you my experience of things as I got accused of benefit fraud. I received a letter on the 12/7/2013 off my council asking me to come in On Thursday 18/7/2013. It was for a interview under caution. I was confused and angry as I knew I haven't done anything wrong. I was upset that I only had less than 5days to sort out some support to go with me. I rang around solicitors and I got told you don`t get legal aid for this. I thought it was bad, they only put Failed to declare change in circumstance's didn't go into much detail. I read posts about how horrible interview was and to make sure you get someone to go with you. So I rang around to see if family could help pay for solicitor I had to borrow £600. When I got into the interview my solicitor went into see the woman who was interviewing me to see what evidence they had. All the woman said was they believe I was signing on at two Addresses. I was relived when he come out and said that because I knew there had been a mess up. Last year I split up with partner and moved into my mums house for 8mouths. I then got my own place in December 2012, I told the jobcentre 3-4 different times I was at my own place and gave them this address. I also took different types of bills which where addressed at my own place she looked shocked and confused herself and couldn't stop apologising. There was even letters from the job centre. I was getting letters off the job centre which for some reason was going to my mums address and my new address. She told me she would sort things out the same day and give me a call. My housing benefit and council tax benefit had been stopped from the 4th July I didn't even get informed of this which there meant to, only got told at my interview. I didn't get a phone call back and I left messages. Today I got in touch and no reply so texted solicitor . My solicitor told me today that there investigating more because they rang the job centre and I am still down at my moms address, by this time I was fuming. So I ring her again no answer. After a hour or so I get a call back from the council telling me the person who interviewed me not at work today, working from home and wont get in touch with my personally only though my solicitor. By now I m fuming , so I go down the job centre and talk to someone. They tell me even though I've told the jobcentre the change of address I have to ring processing to change my address which I didn't get told to do. So I ring the number and informed them of my new address which they updated .I then ring the council to explain I didn't know I had to ring this number and its now been changed. She told me she would get in touch with the woman who interviewed me and sort it but still hasn't . I wrote them a long letter as I think its bad how I've been treated and other ways they could of gone about it without calling me into a interview or stop my benefit's. In the letter I said they could of got in touch with my mum to see if I was still living there. They could of asked for my landlord details or contract of the place I am living . Asked for bank statements. Come to visit at both addresses. I've got nothing to hide. I don't know what to do I think I might go citizens advice bureau, as I've only got pounds to my name as my rent came out on 18th. I don't know how they can get away with treating innocent people like this .

[Ladychubbs]

My benefits have been suspended for 11 weeks so far while the DWP investigate me for benefit fraud. I am innocent but they havnt proved me innocent or guilty. I know if they find me innocent they will repay it all but if they find me guilty my question is this, Do they

a) repay the money theyv taken so far and then tell me to pay back in installments?

b) say i owe them so much and keep what theyv taken so far and then i pay back in installments?

c) say i owe them so much so keep what theyv taken so far and not pay me anything till its all reclaimed?

 

I have had to borrow of friends and family to get thru and if the dwp pay me back i can clear my debts but if they dont then im screwed... nobody (def not the CAB) can tell me how they proceed.

Can anyone advise please?

Thank you

 

My benefits are still suspended. I'm getting nowhere. Cab are useless welfare rights are useless! Solicitor only deals with my criminal case not civil which is my benefits!

I'm exhausted, how are you doing?

[Ladychubbs]

Hi I just Thought I would give you my experience of things as I got accused of benefit fraud. I received a letter on the 12/7/2013 off my council asking me to come in On Thursday 18/7/2013. It was for a interview under caution. I was confused and angry as I knew I haven't done anything wrong. I was upset that I only had less than 5days to sort out some support to go with me. I rang around solicitors and I got told you don`t get legal aid for this. I thought it was bad, they only put Failed to declare change in circumstance's didn't go into much detail. I read posts about how horrible interview was and to make sure you get someone to go with you. So I rang around to see if family could help pay for solicitor I had to borrow £600. When I got into the interview my solicitor went into see the woman who was interviewing me to see what evidence they had. All the woman said was they believe I was signing on at two Addresses. I was relived when he come out and said that because I knew there had been a mess up. Last year I split up with partner and moved into my mums house for 8mouths. I then got my own place in December 2012, I told the jobcentre 3-4 different times I was at my own place and gave them this address. I also took different types of bills which where addressed at my own place she looked shocked and confused herself and couldn't stop apologising. There was even letters from the job centre. I was getting letters off the job centre which for some reason was going to my mums address and my new address. She told me she would sort things out the same day and give me a call. My housing benefit and council tax benefit had been stopped from the 4th July I didn't even get informed of this which there meant to, only got told at my interview. I didn't get a phone call back and I left messages. Today I got in touch and no reply so texted solicitor . My solicitor told me today that there investigating more because they rang the job centre and I am still down at my moms address, by this time I was fuming. So I ring her again no answer. After a hour or so I get a call back from the council telling me the person who interviewed me not at work today, working from home and wont get in touch with my personally only though my solicitor. By now I m fuming , so I go down the job centre and talk to someone. They tell me even though I've told the jobcentre the change of address I have to ring processing to change my address which I didn't get told to do. So I ring the number and informed them of my new address which they updated .I then ring the council to explain I didn't know I had to ring this number and its now been changed. She told me she would get in touch with the woman who interviewed me and sort it but still hasn't . I wrote them a long letter as I think its bad how I've been treated and other ways they could of gone about it without calling me into a interview or stop my benefit's. In the letter I said they could of got in touch with my mum to see if I was still living there. They could of asked for my landlord details or contract of the place I am living . Asked for bank statements. Come to visit at both addresses. I've got nothing to hide. I don't know what to do I think I might go citizens advice bureau, as I've only got pounds to my name as my rent came out on 18th. I don't know how they can get away with treating innocent people like this .

 

Horrendous. They treat you like ****!

[bedofweeds]

Horrendous. They treat you like ****!

 

No - like potential benefit cheats?

[Ladychubbs]

No - like potential benefit cheats?

 

Innocent til proven guilty! They do not treat you that way though.

[antone]

Innocent til proven guilty! They do not treat you that way though.

 

"Innocent until proven guilty" applies in court. Police and other investigators (like the DWP) do not work on that basis - they are trying to put together a prosecution case in court.

[tomtom256]

"Innocent until proven guilty" applies in court. Police and other investigators (like the DWP) do not work on that basis - they are trying to put together a prosecution case in court.

 

No they do work on that basis, they are not judge, jury or executioner. They should remain impartial and present the evidence obtained and get an explanation for said evidence.

 

The law works both ways and to presume guilt is pointless as it blinkers the investigator.

[antone]

No they do work on that basis, they are not judge, jury or executioner. They should remain impartial and present the evidence obtained and get an explanation for said evidence.

 

The law works both ways and to presume guilt is pointless as it blinkers the investigator.

 

"Impartial" can include seeking evidence for the prosecution.

 

You are correct, though, that they should not seek to contrive a case where none actually exists. It's just that in a lot of benefit fraud cases that we see here, there's certainly justification for them to investigate.

[Ladychubbs]

"Impartial" can include seeking evidence for the prosecution.

 

You are correct, though, that they should not seek to contrive a case where none actually exists. It's just that in a lot of benefit fraud cases that we see here, there's certainly justification for them to investigate.

 

Thank you and yes I agree there are more people guilty than innocent however I am the minority bcause are I am innocent and I am never ever going to stop insisting that. I don't know how I can be even contemplated as guilty when I take my evidence to tribunal.

[Ladychubbs]

No they do work on that basis, they are not judge, jury or executioner. They should remain impartial and present the evidence obtained and get an explanation for said evidence.

 

The law works both ways and to presume guilt is pointless as it blinkers the investigator.

 

Out of everything and everybody that has responded to my posts yours are the ones that give me hope. Thank you I am still fighting like mad still getting no income but I will not ever ever admit to something I am not guilty of. I am strong and passionate and I do not do injustice. I hope those at my tribunal do not presume guilt! Thank you Tom Tom. X

Edited November 3, 2013 by Ladychubbs

[Ladychubbs]

I have my tribunal on February 6th. It's a living together as well as an overpayment of benefit accusation. Of almost ninety thousand pounds. I can not be found guilty because I'm not. I have never lived with him he is just my boyfriend.

[MrMinaj13]

I have my tribunal on February 6th. It's a living together as well as an overpayment of benefit accusation. Of almost ninety thousand pounds. I can not be found guilty because I'm not. I have never lived with him he is just my boyfriend.

 

May I ask, out of interest, how does one come under investigation for such a thing in the first place?

Is it a case of someone reporting you to the authorities and saying you have someone living with you.

[worried33]

most of the cases on this site seem related to people who have partners sleeping over and I assume (but I may be wrong) they end up been investigated because a neighbour has rang the fraud hotline anonymously.

[abc123def]

Ladychubbs, how did you get on yesterday?

[tomtom256]

most of the cases on this site seem related to people who have partners sleeping over and I assume (but I may be wrong) they end up been investigated because a neighbour has rang the fraud hotline anonymously.

 

Very rarely is it a neighbour. Could be anyone that sees them, ex-partner, data matches, HMRC, credit reference agencies, the list goes on.