JSA benefit fraud, initial letter confirming information, could lead to possible prosecution

[Shoelover]

The DWP no longer give cautions, if any action is taken then it's an administrative penalty or court. If you went to court for £2k then (unless you have relevant previous convictions) then prison is very very very unlikely- if you look at the sentencing guidelines for benefit offences, you may feel better.

 

If you are interviewed under caution then I would recommend you ask for an appropriate adult- this is someone to look after your welfare at interview as you would be considered a vulnerable adult. Though I think you should cross that bridge if you come to it- people on here will be more than happy to support you. Nice gang here you know.

 

The other possible outcome is that the case is dealt with as a compliance issue & there not be any interview. If that's the case, then I think it would be likely that you get a civil penalty, which is £50.

[Shoelover]

Firstly, only the more "interesting" cases tend to make the press- and they only tend to take photos on big cases. So it very likely won't make the press.

 

The DWP can seize assets under the Proceeds of Crime Act, but again this tends to be bigger overpayments. The level of overpayment you are talking about is boarder line for court, but you may well just get an Administrative Penalty - which you can decline and risk court if you wish.

 

 

When is your interview?

[Shoelover]

To add.

 

Although the courts view a claim being false from the outset as more serious, at £2k it's not going to make much odds.

[Shoelover]

You will only get unpaid work if you are prosecuted and if the magistrate decides that's appropriate if you are found guilty. Lots of ifs.

 

Exactly what are they investigating you for?

[Shoelover]

Reading your first post again. This reads to me like it's compliance.

 

Have you ever been invited to attend an interview under caution? If not then they have no intention of prosecuting.

[Shoelover]

It sounds to me as if it's being dealt with as a compliance matter. Certainly it's a compliance level amount.

 

In short, I think you need to take all the letters to welfare rights or CAB and they can read it and advise.

 

If it is compliance you will not go to court.

[Shoelover]

It's to do with how much you have been overpaid and not the amount in the bank. Have they asked you to attend a taped interview or cautioned you at all? If they are merely asking for the info then it's compliance. That would explain why they are not writing to your solicitor.

 

I think you are jumping the gun with all this worry.

[Shoelover]

That's compliance not a criminal officer. What's the job title (not name) of the person that sent you the letter?

[Shoelover]

Don't put the name on. Sounds like a compliance letter to me.

It would be signed by an investigator and have the job title investigator underneath. Does the letter just ask for info and no appointment is given?

[Shoelover]

It could go to fraud if they need to get authorised officers to approach your bank using the Fraud act.

How much benefit have you had in total? That will indicate the maximum possible overpayment.

Did you tell the solicitor that it was signed by a compliance officer?

Seriously, they almost certainly will slap a civil penalty on you (£50 fine) but it's sounding less and less likely that they are going to do anything other than put it right.

My advice is go to welfare rights and get them to help you put a letter together and send the info on. The longer you hold out the more likely they will wonder what you have to hide.

And lastly (and for once I am going to shout!!) STOP TORTURING yourself. It's nothing like as bad as it first seemed. However it's not going to go away on its own. Contact welfare rights or CAB on Tuesday.

 

 

Better? Xx

 

 

 

Ps will you let us know how you get on?

[Shoelover]

As for the account number that's unusual, it might be a roll number which is what building societies used to use. Chill!!

[Shoelover]

Why worry, the DWP latch onto those who are in need, believe it or not I voted tory at last 2 elections - never again. They have shafted me big time. Duncan Smith has the Scottish Police Force investigating him over PIP Payment disaster with suicides. Tell DWP to sling their hook. They employ snotty nosed little brats to do their dirty work, I know, because my sister in law works for them - enough said!!!!!!!!!!!!!!!!

 

How have they "shafted" you?

 

But I'm sure the o/p is grateful for your advice..

[Shoelover]

The fact that you have asked for the letter to be sent again says you are trying to sort it.

You could ring them tomorrow & say what you have said above. Take the name of the person you spoke to and keep a note. If you are really worried you could ask if you could pick the letter up from the office to cut out postal delays.

Have you told them how worried you are?

 

Perhaps if you were to tell me what you are afraid of I might be able to put your mind at rest. You are doing all that can be reasonably expected of you

[Shoelover]

How's it going Jabba?

[Shoelover]

I agree with Antone. It sounds as if this is being dealt with by compliance & that means you are likely to get a civil penalty of £50 and that's it. Is the officer aware that you have autism?

[Shoelover]

With the best will in the world, letters get lost. As a compliance officer she does not have any other route to getting your bank statements.

 

 

Your letter is great- seriously there's nothing I can add. You are doing your best to put this right.

 

Do you feel less worried now?

[Shoelover]

But the DWP can access your bank accounts anyway. If they need to... This is data sharing....

 

Not strictly true. Only a specially authorised officer can do that under the Social Security Fraud Act and this is strictly regulated.

 

Data matching is a different thing.

[Shoelover]

Simon,

Sounds as if it's over. It can't hurt to ring back next week and ask them to confirm its now closed. I should imagine most people find it stressful.

 

Usually they ask the questions when you make a claim as you don't know at that point if you will get conts based or not, so the forms usually cover all bases.

 

 

Glad I was able to help- look after yourself and chalk this one down to experience and move on,

 

Xx