Benefit fraud.

[toffee]

Received a letter today asking me to attend an interview under caution next week.

 

I'm unemployed but my wife works part time 24 hours a week

we claim tax credits and get help with housing and council tax

 

 

,then the new law came in where you had to work 30+ hours

I can't find work so wife took about prt time job.

 

 

She started just covering the odd shift around March as this wasn't permanent

and wasn't going to be till September when the person doing the job went to uni.

 

 

when the job became hers in September I waited 2 weeks then wrote a letter to benefits inclosing 2 pay slips.

That was the end of it,

 

 

nearly 2 years later benefits write to us asking to provide pay slips,

so we send the stuff off they wanted.

 

 

I then receive a letter about overpayment on housing and council benefits also wanted to no wife's start date on 2nd job

,thought this was strange.

 

 

I rang them up and they informed me they didn't no my wife had a 2nd job,

 

 

I told them I sent a letter to inform them and 2 pay slips,they said they never received anything.

 

I got the date my wife started 2 hd job sent that plus the p65

 

 

week later received more letters saying we owed over 3k,

 

 

spoke again on the phone due to them not knowing about the 2nd job we owed this money.

 

 

They asked if I wanted to appeal it I said it was a waste of time as its my word against there's regarding the letter,

 

 

I no for a fact I sent it,

 

 

so they misplaced it or lost in post

 

 

I was also told cause I'm not appealing it won't go any further.

 

 

i was told the pay back plan and been paying this since,

 

 

now 8 months later called in for interview

 

Anyone offer any advice for me as I'm bricking them,the only thing I'm at fault with is not declaring the work she did before the job came permament.

[DMG123]

Interview under caution means anything you say can be used against you, so I would take advice. My first point of call would be ringing CAB and see if they advise a solicitor, or if they have one that can assist you.

 

I would not go to an interview under caution alone due to the fact that its being recorded and its under caution.

 

Ring CAB tomorrow and get advice on it asap, they will help you and make sure you do not incriminate yourself further.

[DMG123]

Forgot to add the appointment can be cancelled and rearranged to allow you more time to seek advice, and in future, always send anything to the DWP by recorded delivery or special delivery, and keep the posting receipt/tracking details.

 

Getting legal advice, can often diffuse any serious problems with the DWP and they will know the best way to go about the situation. So, try not to worry too much (easy to say) but get help with it as this help will make it easier for you.

[estellyn]

was it suggested to you that not appealing would lead to a more favourable outcome - no prosecution?

[DMG123]

Toffee, is there definitely nothing else it can be? It seems odd to pull you in for something that has already been sorted out previously?

[toffee]

was it suggested to you that not appealing would lead to a more favourable outcome - no prosecution?

 

Yes that's the impression I got when I spoke on the phone

[toffee]

Toffee, is there definitely nothing else it can be? It seems odd to pull you in for something that has already been sorted out previously?

 

That's what it says on the letter,failing to inform about wife's 2 hd job

[toffee]

Spoke to cab and all they advised was to contact a solicitor as criminal proceedings may be against me,so now trying to find a solicitor who offer the free 30 mins service as I can't afford to pay for one

[DMG123]

Can you get legal aid? You really want to take a solicitor with you. Im not trying to scare you, so don't let it, but based on what you say at the interview can decide if it goes further or not.

 

A solicitor will always be able to diffuse things and stop you incriminating yourself, and remember what you do say cannot be taken back because its being recorded.

 

I am really surprised they are doing this since there is an active payment plan.

 

Definitely speak to a solicitor, and they may be able to advise if you are entitled to legal aid based on any income you have coming in.

 

Don't be frightened, just be prepared. Legal help will make things a lot easier for you.

[toffee]

Got an appointment with a solicitor tomorrow at 12-30 one of those free 30 mins ones so hopfully can get some advice on what to do,fingers crossed I can get help and they can come with me.I will never be sending letters ect again without been recorded just not worth it.

 

Like I say only thing really going against me is I never declared the temp work she did before getting the permament hours,also if I was going to commit benefit fraud I wouldn't have sent the pay slips for her 2nd job when they asked for them so they could update there records.

 

Maybe they want to prosecute me as I appealed a decision few years ago in court and I won,they claimed I never informed them of changes but I pointed out the cab sent a income and expentirse form they claimed they never.Case was ajorrned for an hour while benefits contacted there office.When they returned they had the form that cab sent them and the case was thrown out.

 

So again I informed them and they claimed I never and I was right,maybe this could work in my favor

[estellyn]

Make sure you mention being pressured not to appeal with the carrot of no prosecution - that is a really appalling thing to do with serious ramifications for the LA.

[toffee]

If they charge me what do you think I will get

[DMG123]

Who is the letter from, is it the council, or the benefits agency, or Inland Revenue?

 

Also, who is it you are paying back, the council or the benefits agency or Inland Revenue?

 

Is this a case of you are paying back overpaid rent/council tax, but now the DWP or Inland Revenue are getting you in about overpaid income related benefits or tax credits?

 

Either way, it isn't enough to warrant court action as far as I can tell, its better for them to just recover debts of this amount.

 

As already said though, a solicitor will be a great help to you.

[toffee]

It's the council benefits department that have called me in,it's an over payment for housing and council tax benefits with this happening we have had to let a few council tax bills go to court so they can set up a repayment plan for us.Weve just been hit with another £200 overpayment of council tax bill as well which where not sure what to do with that one.

 

I am not sure who where paying back,I just no each week so much is taken from our payments to repay the money back

[DMG123]

Its quite confusing, if, the council have called you in, even though they already have a payment plan set up with you.

 

Im pretty sure the solicitor tomorrow will know what to do and will definitely question why they are asking you to go in, if its about the exact same thing you

are already paying back.

 

Id just wait it out until tomorrow and see what the solicitor suggests.

 

Its not like they can accuse you of doing something they already know about and that you are currently repaying back to them is it?

 

Just try not to worry, get all of your info, and any paper work ready for tomorrow to show the solicitor, and also maybe write down a few things that the solicitor might need to know, like when

this all happened, what was said on both sides, and how it is already being repaid.

 

Hopefully its something that can easily be explained.

[toffee]

The letter says about not promptly informing them about the wife's 2nd job,like you say guess I just sit and wait to see what they say tomorrow

[Shoelover]

Hi,

They can still interview you about an overpayment you are already paying back - the recovery is without prejudice to any further action.

However, 8 months after the overpayment is calculated seems like a long delay & your solicitor may well question this.

As regards court action, different councils have different prosecution policies - some publish them on their website.

My best advice would be write down events in the order they happened ahead of seeing your solicitor as that will help you get the most out of a consultation.

[estellyn]

Remember you can still request a late appeal up to 13 months after the initial decision if you think you have a case.

[id6052]

when you notified your wife's start date, did you tell them the date she became permanent (September) or the date she started doing the odd shift (March)

[toffee]

when you notified your wife's start date, did you tell them the date she became permanent (September) or the date she started doing the odd shift (March)

 

 

told them the date she started permament

[toffee]

Been to see the solicitor basically if I want them to attend going to cost me £300,hes advised me to attend the interview and don't admit to the 6 months previous unless they have evidence of it,they said its up to the benefits to prove they never received my letter.They seem to think they've been in touch with inland and seen the wife's worked before I informed them,so if they want to do me then they can only do me for the work before September unless they can prove they never received my letter.

 

What should go in my favor in the previous case that went to court when yet again they claimed they never received a form from cab when in fact they found it on the day of my court case.

 

Rang the benefits and I now have my interview tomorrow morning,so will just need to keep calm don't get flustered and be honest with them and hope for the best

[DMG123]

If you had more time, then I am sure the CAB could have arranged for someone to go with you if you are unable to pay for a solicitor due to low income.

 

In any case, I am pretty confident that it would be just another case of you have to pay it back, and be more careful in the future with regards to sending letters by recorded post.

 

Have you got anyone that can go with you? Just having moral support will probably make you feel better.

[mikeymack2002]

told them the date she started permanent

 

 

This appears to be the reason for them calling you in, what you should have said was the date she actually started the job i.e. day one. Whether temp OR permanent.

 

 

You are legally required to make a change of circumstances notification as soon as it is known to the LA/DWP and any others as soon as they occur, especially if the changes will affect the amount of benefit you could receive.

 

 

Failure to do so will/could leave you open to being questioned as in this case. see here >>Link and a good practise guide here >>Link

 

 

The decision that the LA can take is to sanction you, this involves paying a financial penalty, prosecute you, or do nothing but this is unlikely, you will have to repay all of the overpayment in full, plus you could be subject to further checks at a later date to verify the information you have provided is correct and up to date.

 

 

Also please remember that all agencies now cross reference each other and do checks with banks and credit reference agencies. Be aware to tell the truth in this interview as what you say can be used as evidence against you.

 

 

Link 1 explains what an over payment is

 

 

Link 2 explains could can happen

 

 

Each link has a lot of other links in there so you will nee to read them all to give you an idea where you currently stand. They can also let you know what to expect MAY happen

 

 

 

 

[mikeymack2002]

Been to see the solicitor basically if I want them to attend going to cost me £300,hes advised me to attend the interview and don't admit to the 6 months previous unless they have evidence of it,they said its up to the benefits to prove they never received my letter.They seem to think they've been in touch with inland and seen the wife's worked before I informed them,so if they want to do me then they can only do me for the work before September unless they can prove they never received my letter.

 

What should go in my favor in the previous case that went to court when yet again they claimed they never received a form from cab when in fact they found it on the day of my court case.

 

Rang the benefits and I now have my interview tomorrow morning,so will just need to keep calm don't get flustered and be honest with them and hope for the best

 

 

I would be very concerned with this advice as if the LA find out that you lied or deliberately withheld information this could come back in the future and bite your well you know what I mean!!

 

 

If you lie under caution the lies will be there for the Court to see if it gets that far. It could be seen as Perverting the Course of Justice

 

 

You could assume the LA have already checked the information with other agencies and already have this information. You can always ask them to disclose what they have before the interview gets started.

 

 

But please be warned about DELIBERATLY telling lies under caution

[Shoelover]

When you say the previous case "went to court" do you mean magistrates?