Interview under caution

[sarah1986f]

Sorry to jump on this but any advice would be great,

 

i don't even know where to begin, i started work in jan 2012 20 hours a week, then in Apr 2012 i started working more hours and stupidly didnt inform housing benefit or tax credits, u dint even know why!

 

So in April 2013 i then upped to 40 hour's and told both tax credits and the housing place about that change, as far as i was concerned it was all.fine.

 

I went on maternity leave sep2013 and took down payslips showing that i was receiving statutory maternity pay so wanted to see.if I could get more help with.rent, they then informed me that app they.wasn't informed that i.had changed to 40 hours and owed them £1900 from april 2013 to present,

 

i have no idea.what happened there but i.deff.told them, anyway my.dad paid this back in full for me,.. Didn't hear anything else until the other day a letter came saying that hb.had.requested payslip from when i.started work. In 2012 and because I didn't provide this then i have to attend a interview under caution at the hb.place, i didn't even.know i.was.meant to.give this in.

 

Anyways my.iuc.is tues and they r goin to see that i didn't inform them of the first change in.April 2012!!! Also what happens if tax.credit finds out?

 

im.so scared that i will go to prison and leave my two children behind!!!

Edited March 21, 2014 by honeybee13
Paras.

[rebel11]

Hi Sarah

 

Welcome to CAG

 

The guys will advise as soon as they are available.

I've started a thread for you. I would try to work out if there have been any further overpayments.

[sarah1986f]

Im.sure there is over payments from tax credit from april 2012 to April 2013 as thet don't know i was working more hours! But when i renewed i did give them a.actual figure of earnings from my p60....

[rebel11]

Hi Sarah

 

You don't need to start any further threads.

[sarah1986f]

So i had a interview under caution at housing benefit today because they said i failed to inform them of a change in my work hours,i.did inform them by phone but apparently there was no record of my call, anyway i had no choice but to just hold my hands up and accept a caution. When the interview was over the lady started asking who lived at my house and if i had a partner living there, i said no, it was just me and my kids, she.asked me if she.asked my neighbours would they say the same.... I was so scared that she would take me to prison there and then if i told her my partner was there, i want to inform them that he is living with me but im scares they might want to do another investigation as it looks abit dodgy coz iv just had this caution.

[**Margaret**]

:sarah 1986f:

 

I've moved your latest post to your existing thread cos it's easier for us to help you if all the details of your benefit problems are on the same thread.

 

Margaret.

[**Margaret**]

:sarah 1986f:

 

Hmm... I can see why your Local Authority believe you've failed to declare changed circumstances and I think they'll say you should have noticed that your phone calls to them and tax credits hadn't been actioned.

 

You probably realise that you need to address the situation you've found yourself in. Sooner rather than later, before it gets any worse, but with some professional advice if you can find it. Do you still have Citizens Advice or a Law Centre in your area?

 

Some of our other contributors may be able to advise you further about potential outcomes, if you keep all your posts on the same thread.

 

Margaret.

[rebel11]

Hi sarah

 

O.K. you've accepted a caution, did they say anything else regarding repayment of overpayment of Tax Credit's? I've not known anyone taken straight to prison from an Interview Under Caution. It might have been an opportunity to clear the decks. Now it's going to cause you worry and stress. It might be an idea to seek some guidance from CAB.

 

So i had a interview under caution at housing benefit today because they said i failed to inform them of a change in my work hours,i.did inform them by phone but apparently there was no record of my call, anyway i had no choice but to just hold my hands up and accept a caution. When the interview was over the lady started asking who lived at my house and if i had a partner living there, i said no, it was just me and my kids, she.asked me if she.asked my neighbours would they say the same.... I was so scared that she would take me to prison there and then if i told her my partner was there, i want to inform them that he is living with me but im scares they might want to do another investigation as it looks abit dodgy coz iv just had this caution.

[antone]

I agree with those suggesting you seek advice now. You can't be taken straight to prison from an IUC - only a court can impose a sentence like that. But I am a little concerned because you seem to be saying that, when asked at your IUC whether you lived with a partner you said you did not, but in fact this was not true and you do live with a partner. If I'm reading this correctly, I'd say you need to clear this up right away, ideally with the help of CAB or another professional.

 

Also, you asked what would happen if Tax Credits find out. Well, you should assume that they will find out and it will be very much better if they hear it from you.

[jabba jones]

I am a little concerned because you seem to be saying that, when asked at your IUC whether you lived with a partner you said you did not, but in fact this was not true and you do live with a partner.

 

& after apparently accepting a Caution meaning that if any other benefit offence takes place within the next 5 years it is instantly prosecutable no matter how much the overpayment is!

[antone]

& after apparently accepting a Caution meaning that if any other benefit offence takes place within the next 5 years it is instantly prosecutable no matter how much the overpayment is!

 

Missed that but yes, another reason to seek professional advice ASAP.

[bio]

I think the OP has confused the 'Interview under CAUTION' as being the same as accepting a 'Formal Caution' as a form of sanction - unless I am reading it wrong.

[antone]

I think the OP has confused the 'Interview under CAUTION' as being the same as accepting a 'Formal Caution' as a form of sanction - unless I am reading it wrong.

 

This is indeed possible, yes. So let's note the difference, just for the record (I know you're aware of this, so it's just to be clear for others).

 

In the case of an IUC, the "caution" referred to is the warning at the start of the interview - "You do not have to say anything....etc". And what that involves is a warning that they are considering using your statements as part of a criminal prosecution.

 

Accepting a Formal Caution is a different matter. In this case the person acknowledges guilt, effectively, and in exchange for doing so the relevant department (council, DWP, whoever) agrees to take no further criminal action. One is not obliged to accept a caution. I did not think it was standard to offer a caution at an IUC, but I am most certainly not an expert in these matters.

[Shoelover]

Sarah- just to reiterate what others have said. The longer you leave this the higher the overpayment gets & potentially the worse it gets. Take advice in the morning & don't leave it any longer before you deal with the issue. It also will go in your favour if you "come clean" sooner rather than later.

 

As for prison, it's highly highly unlikely unless you have previous convictions for similar offences. The courts don 't like to send the mums of young kids to prison.