benefit fraud

[Danilou91]

Hi,

I received a letter 2 days ago asking me to attend an interview under caution under suspicion of benefit fraud.

I rang the DWP to ask what I was being investigated for and was told I had capital of over £16000. Looking back on bank statements I now realise that I did go over that limit due to my dad paying in £5000 for my birthday last year and I stayed over that limit for 6 months. Firstly I didn't even know about the £16000 limit so if I had known I would of course have informed them of me being over it.

Also my personal circumstances at the time were terrible so my bank balance was the least of my worries. I was very close to being hospitalised for severe depression, my chronic illness was really bad, I had just broken up with my fiancé and my grandma was dying.

I never meant to commit the fraud and feel terrible that I have, even though I did it completely unintentionally.

 

What will happen to me? I'm so scared.

Dani

[tomtom256]

When you gor for your interview, just say what you said above.

 

Potentially it could go to court, but that would depend on the amount of overpayment. General rule is over £2k for court action. Under £2k its generally an administrative penalty. I presume it's over £2k though, hence the interview? It's a policy thing.

 

What where you claiming as it will be nilled for the period you had over £16k? You can work out the potential overpayment for that period.

Did the DWP know you had between £6k - £16k as this affects amount of benefit awarded also? If not this will increase the overpayment.

[Danilou91]

It would be around £2300. I was claiming Employment and Support Allowance and they were aware that I had savings.

[mick57]

I went to a interview under caution Thursday 18th July and wasn't and nice experience. Make sure you get a solicitor, it does cost but I found it helpful. I'm going though hell at the moment and I was found not guilty off committing benefit fraud and got told the same day they would sort it out because my housing benefit and council tax benefit has been stopped. I didn't receive a letter informing me they had stopped my benefit which they are meant to inform you. All that was put in the letter was we believe you committed a criminal offence i.e. Failed to declare a change in circumstances. To cut a long story short they thought I was signing on from 2 addresses which I haven't. I split up from a long term relationship of 30 years always worked my life up until 18mouths ago and when I spilt up I was in hard times and moved into my mums for a bit and started singing on. I then moved into the house I am living in now, I told them 4 different times off my new address. When I went to the interview I took all sorts of stuff because I didn't have a clue what it was about . I took all the bills from my house and bank statements as I have nothing to hide. When I got there my solicitor spoke to them to see what it was about and he told me because they had 2 addresses. The interviewer was shocked when I showed her so all the bills from my new house and she couldn't stop apologising . It still not sorted no, I have sent a long letter to them. There could of been many ways of finding out information before calling me in. Apparently you meant to ring a phone number to update your change of address, it doesn't matter if you declare it to the job centre but I never got told. Good luck , if you have any question's I don't mind helping you as much as I can .

[estellyn]

how much over the 16,000 limit were you at it's maximum?

 

Have you had an overpayment decision yet?

[mick57]

To be honest I thought it was £10,000 you was allowed. They never make things clear , I haven't had any over payments so can not help you in that way. Have you benefits been stopped? you will have to payback any think you been overpaid ,in there eye so when its gone over £10,000 the payments you had off them you will owe that back, they will either cut your benefits and you pay it bit by bit. Just be honest. Can you get a letter off your dad saying the money was for your birthday. Try get Drs letter saying you haven't been well. Have you got a solicitor ? . I'm waiting for them to sort things out as it the Job centre fault for not passing information, that I had to ring this certain number to confirm my new address. I am in the crap at the moment as I had the rent come out and got no money left for anything else.

[citizenkain]

seemingly its 10,000 if you are a pensioner regards pension credit etc,then they deduct one pound for every five hundred pounds,theres a few pensioners i know have fell into the trap and theyve been asked for bank accounts going back six years,its 16000 max for working age,no benefits at all if you have more than that

[Danilou91]

I was £400 over the limit.

 

After going back over every single letter I have ever received from DWP it has transpired that when I applied for ESA aged 18 I was put into the contribution based category, therefore savings are ignored.

I then 'googled' contribution based ESA to find that they had taken young people out of that group if they had been in it for more than one year, I never had any letter informing me of this and had always thought I was still in the contribution based group. I am not impressed at all.

 

Thanks all for your help so far

[estellyn]

with something called the 'diminishing capital rule' , you may well find your overpayment is less than you think.

 

You would also have grounds for an official error appeal if there is no evidence that the dwp informed you of the change of your claim to income based.

[mick57]

They don`t give enough information or its not straight forward. Have you got some support who can go with you to the interview ?

[Danilou91]

Yes my mum will go with me on the grounds of my illness affecting my concentration and memory as well as my depression which needless to say has not been helped by this situation.

 

I at least feel better now that I know I did not cause the situation and it was their mistake, I'm sure they will tell me that they sent a letter to say I was changed into the income related group but I have every single letter I've ever received from then in a file that says otherwise!

[estellyn]

You should start the process off now of sending a SAR to see what the DWP records say - with anyluck they won't have a record of the letter either.

[mick57]

That's good your mum to got your mum to go with you. Take all the letters you got with you. When is your interview ?

[Danilou91]

The interview is on Tuesday (23rd), original date was 31st but I asked for an earlier one.

[mick57]

Please let me know how you get on. I know how scary it can be I lost 5 days of sleep and lots of worrying.

[Danilou91]

I will let you know. Its horrible isn't it, I haven't slept or eaten since Thursday. Thank you so much for all your concern, means a lot to me!

[mick57]

It is I am still not sleeping well as they haven't sorted out repaying my housing benefits or council tax benefit. I know how horrible it feels all kinds go though your head. see I found out the other day the people who interview you work on a bonus if get a Guilty. My interview lasted about 15-20 minutes .

[jabba jones]

I found out the other day the people who interview you work on a bonus if get a Guilty.

 

Who told you that? The same person that told you the ESA earnings limit was £10,000?

 

It's nonsense btw. There are no bonus's dished out for guilty verdicts.

[tomtom256]

It is I am still not sleeping well as they haven't sorted out repaying my housing benefits or council tax benefit. I know how horrible it feels all kinds go though your head. see I found out the other day the people who interview you work on a bonus if get a Guilty. My interview lasted about 15-20 minutes .

 

Yes and at 5 Guilty case we get a crate of Champagne and for 10 guilty cases we get a Porsche!

 

I currently have 5 porsches on my drive and a garage full of champagne.

[mick57]

I not being funny but you two are not helping, I've been though this last week, They must get a good wage for doing it . It states on sites and I've also seen it put on threads on here when I was looking for advise. When I rang Friday I got told the person who interviewed me is working from home today. You tell me why they accusing incorrect people of benefit fraud when they done nothing wrong ?

[jabba jones]

I not being funny but you two are not helping

 

Where as you putting incorrect info on a thread is helping?

 

They must get a good wage for doing it

 

They get exactly the same as everyone else of the same grade in the department. ie Not a lot.

 

 

It states on sites and I've also seen it put on threads on here when I was looking for advise.

 

They are wrong & from memory most of the threads on here will have corrections further down the thread.

 

 

You tell me why they accusing incorrect people of benefit fraud when they done nothing wrong ?

 

To be invited for an IUC there must be evidence a potential offence has taken place. Once the evidence is there an IUC is inevitable. In your case I presume the bills you showed them at the start of the IUC meant there was no point in continuing the interview any further & showing you the evidence they had. Not ideal, but it does happen occasionally.

 

Back to Danilou. Sorry your thread has been hijacked slightly.

Did you know your claim had started as conts based & moved to income based?

[Danilou91]

No I didn't have a clue that my benefit had been moved from contribution based to income based. Ive never received any information that would suggest my benefit had been changed in any way.

 

I have been accused of fraud before after removing my partner from my claim when we broke up, I got a letter saying I was still claiming for him but when I phoned up about it they discovered my form had been sent to the wrong office.

[mick57]

You know why they called me in because a computer was flagged up read against my name! Two addresses was showing up in my name because they never updated it and they thought I was signing of from 2 addresses. I'm just trying to help people and give my experience as like I've said I went though this Thursday and not a nice experience.

[Rachie1973]

You know why they called me in because a computer was flagged up read against my name! Two addresses was showing up in my name because they never updated it and they thought I was signing of from 2 addresses. I'm just trying to help people and give my experience as like I've said I went though this Thursday and not a nice experience.

 

Helping is good, but perhaps limit it to what you KNOW as fact. Don't tell people things that 'you've heard'. Its not helpful and clogs up the facts.

[tomtom256]

I not being funny but you two are not helping, I've been though this last week, They must get a good wage for doing it . It states on sites and I've also seen it put on threads on here when I was looking for advise. When I rang Friday I got told the person who interviewed me is working from home today. You tell me why they accusing incorrect people of benefit fraud when they done nothing wrong ?

 

I'm trying to help as I am a fraud officer and state facts, my last post was tongue in cheek regrading the so called bonus we get.