Interview under caution-DWP-

[SquishySummer]

Ok, this is going to be long, but I really need some help!

 

I was in receipt of ESA & HB for myself and partner, from 2007-2014. Due to Kidney failure, Dialysis and two kidney transplants. My DH started work in Jan 14, I told the tax office straight away, they swapped all my benefits over to the correct ones, no problems.

 

My Husband then quit his job, due to being offered a better job, this was in march. We didnt know his new start date so i switched al the benefits back over, all sorted.

He started his new job in may- The day he started I won a tribunal from 2012, giving me all my back dated money and reinstating my benefit.

 

Now, my husband was working, and I remained on ESA.

I 100% thought I was entitled regardless of my husband working, because I was receiving it for being ill.

 

In October 2014, someone mentioned that I should probably ring the tax office and tell them that my husband was working, That is what I did, and a few weeks later I was given back dated money from tax credits, but the ESA was still there too. I still thought I was entitled, because

1- the tax office sorted it before, so I assumed they would this time.

2- I was claiming due to illness.

 

In December I was offered a job, I accepted, I rang the DWP and told them and they stopped my benefits.

Two weeks later, I couldn't cope with the job, It was to tiring, I suffered a miscarriage and was just to 'done' my husband also handed in his resignation, because i needed help dealing with his daughter who lives with us. Tax credits stopped.

 

So i rang the benefts office and told them, the set up my claim again and I was in receipt of ESA again.

 

Lastly, come April, I was better, could look after myself ect my husband took his old job back, I rang the DWP all benefits got swapped to the correct ones. I am in receipt of

WTC, CTC, DLA & HB.

 

I got a letter from DWP this morning asking me to go in for IUC for claiming whilst my husband was working. Am I in serious trouble, I genuinely didn't know I was claiming the wrong benefit. I'm so confused by this all. And so unbelievably scared of going to prison.

 

My husband and I worked out that, if it is what we think it is, the over payment would be £7k....

 

I am a strong woman I can deal with being in the wrong & can face being fined, I'll pay it all back. I just really really do NOT want to go to prison.

 

Please help.

[Bazooka Boo]

I would try not to worry too much over this.

 

It sounds like you have done everything possible, and have informed them of changes of circumstances every time.

 

Keep in mind, that you CANNOT be held responsible for the actions or inactions of a third party.

Yes I know, they will say otherwise, and that ''YOU should have been aware that the payments were incorrect blah blah blah''

 

But, they cannot possibly believe that anyone who is unfortunate enough to jump through all of the hoops they put in the claimants way,

should do the job of a DWP employee too.

 

Even their staff don't have a clue what they're doing, they will tell you black is white they are so inept.

 

Is there anyone who can go with you?

At least they have given you a heads up as to what it's about, so you can get your paper trail of evidence together, and rebuff any

spurious claims they make against you.

 

If possible record it, I loathe this particular department with a great passion, they took me to near suicide for the three years I fought them.

[SquishySummer]

Thank you, Bazooka!

 

I know how you feel, I fought them for ages, trying to prove how ill I was, it took 2 years to finally win my appeal, and in the end I wasn't even given the pleasure of even going to a tribunal as the Judge/ decision maker didn't even understand why it had got that far. In a way I feel like they are punishing me because I 'won' and they had to pay me A LOT of money.

 

I have no one to go with me, and from what I have read, for all the help it would be It wouldn't help me any more than taking my dog. They will not let me take my husband, as he may have to be questioned too!

 

I have also read that, people have been told that they are being called for one thing- but when they turn up it is a completely different matter? Is this likely to happen? I mean I haven't done anything, but the DWP seem to make stuff up.

 

I am so concerned they are going to twist and manipulate my words, I am pretty smart, when it comes to problem solving, maths ect...anything on paper, or when I am given a chance to figure it out. I how ever will cave under pressure and cry like a little girl, get very angry and swear so much it would make a sailor look like a nun.

 

Will they stop my tax credits? My husband does not earn enough to pay everything.

 

Am I allowed to record on my phone? can I take notes? how long will the interview be? I have heard it can take hours...

 

I am sorry I am asking so many questions. I am trying to prepare my self for this interview.

[Bazooka Boo]

I am so concerned they are going to twist and manipulate my words, I am pretty smart, when it comes to problem solving, maths ect...anything on paper, or when I am given a chance to figure it out. I how ever will cave under pressure and cry like a little girl, get very angry and swear so much it would make a sailor look like a nun.

 

Well at east you know all of the underhand tactics they use, I fail to see why you cannot take notes?

 

However I've not had an IUC.....yet!

So don't really know what it entails, but can pretty much guess, if it's like the rest of the corrupt department, then they will twist

everything to fit their own sick agenda!

 

Found this if it might help?

http://http://www.advicenow.org.uk/guides/deal-interview-under-caution

 

More reading...http://www.advicenow.org.uk/articles/what-will-interview-be

[antone]

You said that you informed the Tax Office when your husband started work - did you inform the DWP? When you received the backdated Tax Credits money, did you inform the DWP about that? These are important questions, because you cannot assume that the Tax Office told the DWP of your change in circumstances - you need to contact yourself and when you make a claim to benefits you sign a form (or make a declaration online or on the telephone) agreeing that you will do just that. If you informed them of the change then that's a strong point in your favour, if you did not then that's not so good. Either way, I'd have to recommend that you seek assistance from a lawyer experienced in benefit matters. You can request that the IUC be postponed while you do this.

 

You are not being punished because you won your tribunal. The department that investigates possible fraud is completely separate from the one that deals with medical/tribunal issues. From what you've written, the matter at issue is that they believe you received benefit you were not entitled to as a result of your failure to declare a relevant change of circumstances. They could be wrong about this, of course, and even if the basic facts are true it may be that it doesn't amount to fraud. But on the face of it, it's not a totally unreasonable action for them to take.

 

I have also read that, people have been told that they are being called for one thing- but when they turn up it is a completely different matter? Is this likely to happen? I mean I haven't done anything, but the DWP seem to make stuff up.

 

A lawyer would probably be able to help you here - the DWP may disclose information regarding the case to him or her in advance of the IUC.

 

If there is no suggestion of fraud with regard to your Tax Credits (and it seems that there is not) then those should not stop.

 

You cannot record an IUC yourself. You are entitled to a copy of the official recording, though they will not be able to hand you one on the day. The length of the interview will depend on the complexity of the case. I am not sure if you are permitted to take your own notes.

[SquishySummer]

I did not inform the DWP until October, so I was claiming ESA while my husband was working from May- October. I didn't contact the DWP when I got the back dated tax credits, I have been very stupid and assumed that it would all sort its self out- as it did before.

I cannot afford a lawyer, so this is not an option.

[Shoelover]

Can you take a friend along for moral support?

 

Don't believe all the horror stories. Use the interview as your chance to get across what has occurred from your point of view. Take your time at the interview and if you don't understand something just ask them to explain again.

 

You can take your own notes at the interview - jot down anything you want to remember. One of the CD's will be sealed In front of you and you will be asked to sign the seal. This can be unsealed in court if there is any dispute about what was said:.

[antone]

I did not inform the DWP until October, so I was claiming ESA while my husband was working from May- October. I didn't contact the DWP when I got the back dated tax credits, I have been very stupid and assumed that it would all sort its self out- as it did before.

I cannot afford a lawyer, so this is not an option.

 

Right, in that case I certainly agree with Shoelover that it would be worth considering taking a friend or relative as a companion. This is especially the case if you feel you would be likely to get upset. Don't get me wrong, it's a stressful situation and it's perfectly understandable to be upset, but anything that might help you stay somewhat more calm would be a good thing.

 

I know very little about Legal Aid, but that may be worth investigating as a possibility.

[Shoelover]

There's currently industrial action with some criminal solicitors not taking new legal aid matters.

 

If you go onto direct gov website there is a section called the criminal defence service. That may help

[SquishySummer]

Ok, I am going today at 1..

I have no one going with me, I am not prepared. I just need to get this dealt with. I cannot sit with this over my head. My anxiety levels and stress levels are ridiculous, I can't eat, sleep, and am failing to function properly. I don't want to go outside because i fear here is someone watching me. There is NO way I can cope for another 7 days....

The woman who is interviewing me seemed really nice over the phone, I hope she continues to be nice when I get there.....

 

I will update when I get back. Just in case someone is facing the same as me. This is how I am on this forum, Google searching!

[Bazooka Boo]

I can't eat, sleep, and am failing to function properly. I don't want to go outside because i fear here is someone watching me. There is NO way I can cope for another 7 days....!

 

I totally understand and can definitely empathise with you there, it is absolutely criminal what they do it really is.

 

We treat animals better than human beings, as for not believing all the horror stories, well it's certainly hard when

it is you on the receiving end, the horror stories are true, you have to play these lot at their own game and when you win, keep

hitting them.

[SquishySummer]

Well, I went. It lasted about 40 mins, all they had on me where statements from my husbands last employers. It wasn't pleasant, but it had to be done. I can see now that I was mostly in the wrong, but I still don't understand it fully.

 

Now, I have to wait for a letter telling me how much the over payment is..Can anyone tell me how this is worked out, do they offset it to what you would have been entitled too, or just add it up and throw it at you?

 

I have just been going through all my bank statements & Added everything up, using the info they gave me..and here is what I have;

 

ESA over payments = £7334.75

HB over payments = £3198.00

 

Total over payment £10532.75

 

I really hope they offset this and deduct what I should have been claiming. Do you think they will prosecute? I am so p****d at myself and them, surely they talk to each other? they must do, thats how I ended up at this interview anyways!!!!

[Shoelover]

Housing benefit will do "underlying entitlement" which is what you were entitled to had they been aware of your true circumstances.

 

 

What I would say is if your calculations are correct then you are over the threshold for prosecution. That said, without the full facts of the case nobody can really say one way or the other.

 

You have done the scary bit now. Well done for facing it- I hope it wasn't as horrid as your expected.

[SquishySummer]

It really wasn't that bad, and the two women who interviewed me were nice.

 

Do the DWP not do 'underlying entitlement'? I mean I wasn't entitled to ESA but I would have been entitled to WTC.

 

It's done now, and I really thought my anxiety would go, but I am now worried about what the outcome will be, and the wait is even longer. This really sucks.

 

Thank you all for your help

[SquishySummer]

Ok, I found this on Gov.uk

 

 

D1009

When information affecting entitlement to UC, JSA or ESA is identified, the DM must

take the following action

1. except where D1036 applies, give a new entitlement decision by revising or

superseding all relevant awarding decisions and

2. determine the period of the resulting overpayment and

3. calculate the total overpayment, that is, the difference between the amount to

which there is entitlement or which is properly payable and the amount which

has been paid and

4. where appropriate, offset the benefit paid against the new amount awarded

and

5. determine the person(s) from whom the overpayment is recoverable and

6. give an overpayment decision and

7. give a decision on whether and on whom to impose a CPen.

 

Doesn't say if that is between WTC and ESA, I will ring my interviewer tomorrow and ask her. No sleep for me

[bio]

I totally understand and can definitely empathise with you there, it is absolutely criminal what they do it really is.

 

We treat animals better than human beings, as for not believing all the horror stories, well it's certainly hard when

it is you on the receiving end, the horror stories are true, you have to play these lot at their own game and when you win, keep

hitting them.

 

That seems a bit harsh

[Bazooka Boo]

That seems a bit harsh

 

It's very tame, in fairness.

 

I'm guessing you've never had the misfortune of having to deal with this department?

 

This has to be one of the most corrupt criminal government departments out there, their actions cause deaths,

and they know it, hence why they are attempting to hide the total figure of deaths caused by the DWP,

which is over 10,000.

[estellyn]

No, sorry they don't offset esa and wtc.

 

Were you entitled to contribution based esa?

[SquishySummer]

It's very tame, in fairness.

 

I'm guessing you've never had the misfortune of having to deal with this department?

 

This has to be one of the most corrupt criminal government departments out there, their actions cause deaths,

and they know it, hence why they are attempting to hide the total figure of deaths caused by the DWP,

which is over 10,000.

 

Not, even slighly harsh, not one bit!

 

Yep! its has been all over the TV. That one poor bloke who had a heart problem was told he couldn't claim, after his medical, and so he got a job, 2 weeks later he died of a heart attack!

 

Do NOT get me started on the points system when going for a medical exam...That, all by its self is just absolutely shocking!- I got 0 points 2 weeks after a unsuccessful kidney transplant- because I could raise my arms whilst sitting down. Never mind the fact that I couldn't walk & had to be taken to the interview 2 weeks after my transplant, because they refused to move the date!

 

I hate the DWP with a passion, the s**t they have put me through is horrible, and they know it! I am currently in the process of stopping DLA as I would rather be without money that have to deal with them any more... I want no more benefits, I do not want to be scared of waking up to nothing any more, because they have stopped my money without telling me. I shouldn't have to answer for being ill, I shouldn't have to rally round collecting letters from Dr's every year. Going to tribunals every other year. I don't want to be ill either, but out of the two kicking the dwp is the only option I have.

When I am not in pain I would love to walk my dog, go swimming ect, but I am too scared to because I am worried someone is watching for that 1 day and I will be accused of benefit fraud again.

I am 25, I am sure I do not want to carry on like this.

 

Rant over.

[SquishySummer]

No, sorry they don't offset esa and wtc.

 

Were you entitled to contribution based esa?

 

I am not sure, The woman I spoke to today seemed to think my calculations were too high and It would be worked out on a number of things, so I am hoping she is right!

[Shoelover]

You know what are not all bad.... We are just people doing a job and the vast majority treat people well. Remember the staff don't make the rules

[SquishySummer]

You know what are not all bad.... We are just people doing a job and the vast majority treat people well. Remember the staff don't make the rules

 

Well, I can say, In the years I have dealt with the DWP the two ladies I met yesterday were the only ones I can say were nice. That's it.

Now I speak to lots of people from the DWP, mostly Via phone. Over the 8 years I have had a claim with them..I would say I have spoken to, at the very least 100 people and out of all the 100 people 2 were nice.

I have been called a liar.

I have had one woman say, and I quote "If you just got over your illness, you wouldn't have to keep ringing, as you wouldn't need to claim" - And because I got angry with her and swore out of frustration, I got sent a letter saying they would press charges if I did it again. Is that fair? I think not.

 

So forgive me for not believing you when you say the vast majority. Lets go with a minority of the workers have a little bit of compassion, but even they will be passively rude.

[Shoelover]

If I made a sweeping generalisation about people that claimed benefits there would rightly be uproar. I rarely get abuse as I make a point of treating people well, but I have been on the receiving end.

 

Just remember that some of us come on websites like this and try to help people off the clock, unpaid. That's because I know only too well how complex it is to claim benefits- as do most of us that try to help out.

[SquishySummer]

If I made a sweeping generalisation about people that claimed benefits there would rightly be uproar. I rarely get abuse as I make a point of treating people well, but I have been on the receiving end.

 

Just remember that some of us come on websites like this and try to help people off the clock, unpaid. That's because I know only too well how complex it is to claim benefits- as do most of us that try to help out.

 

Yes, because you can't make a sweeping generalisation. Because of the different benefits and reasons. You most certainly cannot label a sick person with the same brush as a JSA claimant who refuses to get off their ass and work (this is a minority of JSA claiments)

 

At DWP call centres, you all have the same info & rules. Some just decide to read off or deliver information very rudely. I have never had the pleasure of speaking to someone from a dwp call centre who has been polite and kind, such as yourself. And until I am actually proved wrong, this is my opinion.

 

I am very polite when I ring them. And was extremely shocked when the two women who interviewed me yesterday were polite, I was really happy as it made me a lot calmer. If i had spoken to someone on the phone who was just as polite as my interviewers yesterday I wouldn't have been half as scared as I was.

[Shoelover]

Neither can you make a sweeping generalisation about DWP staff! You can't compare someone who works in a call centre with an investigator or a visiting officer. Most of your experience of staff is the call centres.

All I am trying to say is don't demonise us all because some staff are rude & unpleasant.

Just like people on benefit it's a diverse bunch but actually i personally know a lot of staff that go out of their way to help.

Shall we move on now? Have you looked at your figures again?