IUC interview

[daverules]

Hi all,

have a friend who has received a letter asking him to attend an interview under caution, letter is ambiguous as it states he may been seen by either fraud department or some one from housing/LA.

 

He has no idea what it could be so I had him ring the person named on the letter and their direct line to inquire for more information but they reused to dilvulge any further information stating they would inform him on the day.

 

He would like me to go with him for support but looking at his letter it states several times that he may take a legal representative so the question is can I go support him or is the letter correct that it must be a legal person.

 

Have read several posts on CAG that say someone can go for support with someone on an IUC interview but confused that the letter states what it has.

 

Regards to all

[Shoelover]

He can take you along as friend to the interview, but it's just for moral support & you can't take part or speak on his behalf.

 

A legal rep would be entitled to pre interview disclosure - ie the officers tell them a bit more- prior to the interview. A legal rep can advise him.

 

If he is vulnerable then he may need an appropriate adult at the interview- which could be you.

[daverules]

Many thanks for the prompt response.

 

Regards

[SquishySummer]

I went for an IUC 2 weeks ago, They wrote why I was being called on the letter they sent. When I got there, they put the recorder on and told me exactly what it was about and then told me I had the opportunity at that point to end the interview and seek legal advice if I wanted to. I chose not too, and continued with the interview.

 

So, if your friend doesn't take a legal rep hey may be able to stop the interview once he finds out what it is about and seek legal advice, if he thinks he needs it. Be warned though I am still seeking legal advice and its been 2 weeks!!

 

Good luck

[daverules]

Thank you Squish, I will make sure he is aware of this.

 

Regards to all

[daverules]

Hi all

 

just to update this thread.

 

My friend went for his IUC yesterday and and it was to do with non declaration of pension income from 2011.

 

Now back in 2011 my friend signed on for JSA and was asked on the form if he had any income or was expecting to receive

a pension in the next three years and he said no to this and then received JSA for some weeks until he decided he couldn't handle

the stress of going as he felt like he was being looked down on and he stopped attending JCP and his JSA was duly stooped.

 

Moving on he had a heart attack in early 2013 and had to have a triple by pass and due to this and only having one leg he lost as a

a child due to poor circulation and was now being treated for poor circulation in his left leg he was placed on ESA and further to this he had another heart attack in early 2014.

 

Now my friend was under the impression he would not get pension until he was 65 (he was 58 in 2014) but someone mentioned he could cash in his

private pension he had from his previous Job where he had worked for many years until he was made redundant and so in April of 2014 this is what he did.

as he was behind in his rent and was likely to be evicted.

 

Now he informed the DWP that he was now receiving a pension and they then dropped he ESA payment to £25 per week as he had a pension income.

 

Now at the IUC he was asked why he did not declare he was getting a pension in 2011 and he replied that he wasn't and that he did not start getting one

until 2014 which he duly informed them of.

 

Strange thing is they had a letter from the pension company that they started paying his pension in 2014 and a bank statement they had obtained showed

that payments from pension company started going being payed in 2014.

 

They kept going on about 2011 but as he states he did not know he was going to get a pension in three years he ticked no as he was not aware he could get it

before the age of 65.

 

To reiterate, he only receive a few weeks of JSA as he decided not to attend JCP and thus it was stopped.

 

Now the situation is this, they advise that all information and DVD recording would go to an adjudicator who would decide one of three things:

 

1) No further action

 

2) Over payment would have to be repaid plus 50%

 

3) Matter referred to CPS

 

He has plenty of evidence in the form of letters from DWP that his ESA was being reduced as he has declared he is now getting a pention

and further letters from his pension company.

 

Seems like a waste of time to me for this pettiness but that's the way it is.

 

Regards to all

[daverules]

Hello,

quick question.

 

Once this problem has been resolved would my friend have a cause for complaint and if so to whom would he write.

 

Regards to all

[obiter dictum]

No cause of complaint as the benefits people are only doing their job requesting an explanation to an issue raised.

 

When you apply for a benefit you agree to what ever measures they need to investigate any possible future events when you sign on the dotted line

 

They can do this investigation without your consent if needed, consent is an illusion

 

Section 29 Data Protection Act 1998 gives an exemption if used to the detection and prevention of crime. The Fraud department use this to bypass your data protection rights to snoop on you

[daverules]

Many thanks for the prompt response.

 

Regards

[Shoelover]

why will there be an overpayment?

[daverules]

Hello,

no there will not be an overpayment, basically back in 2011 he signed on for JSA and one of the questions was "are you expecting to receive

a pension within the next three years" he answered no as he did not know at this time he could cash in on his private pension and after not going

to JCP after a few weeks as he felt like he was being talked down too and his JSA was stopped.

 

Got his self into rent arrears in 2014 and then was informed he could cash his pension in early and so did so.

 

At this time he was on ESA and this was reduced to £25 per week due to the pension income.

 

Main gist is they are asking him why he did not inform them he was getting a pension in 2011 and his response is that he wasn't

and did not do so until 2014.

 

loads of paperwork from DWP and pension company supporting this.

 

Cheers

[Shoelover]

They might be looking at it as income available on application - but those regs are really complex.

Did the investigator indicate if they thought there was an overpayment?

[daverules]

No just that it was going to an adjudicator and IF he thought there was an overpayment there were three options...

 

No further action

 

Repay overpayment plus 50%

 

Matter referred to CPS

 

Regards

[Mr.P]

back in 2011 he signed on for JSA and one of the questions was "are you expecting to receive a pension within the next three years" he answered no as he did not know at this time he could cash in on his private pension

 

The key point here is are you expecting to receive a pension to which he answered truthfully. If the question had been "Will you claim or cash in a pension", then there may be grounds to allege fraud if the DWP can prove intent.

 

Even with the recent changes in pension rules, having the option to take or cash in a private pension early does not mean that one should. Indeed, it is generally inadvisable to cash in early as there are usually significant penalties for doing so.

 

If your friend does get an administrative penalty, then he should challenge it on the grounds that he answered to the best of his knowledge at the time - i.e. He did not expect to claim a pension. If the case gets referred to CPS (unlikely), then he must take legal advice, and they may well say that expectation is not the same as can or will.

[daverules]

That was my thought as well, Expecting.

 

Many thanks