Benefit Fraud - Under Investigation

[Shoelover]

Did his ESA stop after he sent the letter?

 

If he's being interviewed under caution then they are looking at it as a "criminal" investigation. I'm not saying that he will go to court but it's not as simple as just paying the money back and it will go away.

 

Can I ask how many hours he was working and what his weekly pay was?

[Shoelover]

Ok. Bottom line. What is it that you are most worried about and see if I can allay your fears there?

[Shoelover]

Wow... "Without good education". Rather sweeping. What's the DSW? Anyway, moving on...

 

Yes they should have acted upon your letter. However your husband is simply being asked to come and give an explanation of what has lead to the overpayment.

 

You are welcome to write to your MP, but I suspect the reply will be that you have just been asked to come in and give an explanation. It would appear that they did not get your letter, so until they ask the question how do they know that you sent it?

 

Have you any idea of the amount of your overpayment?

[Shoelover]

The money being untouched is an important point.. That in my opinion shows that you didn't intend to keep it. Yes, you should have been more proactive in sorting it but what you have said so far makes it sound to me as if you were not "dishonest". Have you got evidence that it's in the bank? Take it to the interview.

 

It can take a few weeks after interview to get a decision about how much the overpayment is, which will have a bearing on what actin they take. Then a couple more weeks for the manager to make a decision as to what action. Most investigators if you ask them will give you a ring and tell you as soon as they have their managers decision.

 

I can't tell you that it won't go to court because it can't be ruled out. If it does, as a first offence and as it appears there isn't any real intent then a court is likely to not be especially harsh. The cases you read in the news tend to be the more interesting ones with bigger overpayments- I know people worry about being in the press,

 

You are doing your best to put this right. They may well not prosecute your DH.

[Shoelover]

it will usually be the times that he worked only.

 

His mental health is an important factor - take any evidence you have.

[Shoelover]

Take advice from your legal rep about the prepared statement.

 

There is still a threshold of £2k, but lots of people get IUC'd and don't go to court for £2k. I'm not saying it will be any fun BUT the folks with horror stories tend to be the ones to post on line.

 

I think keep reading is just going to make you feel worse - it will change nothing but give you sleepless nights.

 

You really are doing the best thing, when is the appointment?

 

If he is not good under pressure it may be worth him having an appropriate adult - this can be in addition to his legal rep. It may well help him x

[Shoelover]

Hi Shoelover

 

 

Thank you so much, I have read about the prepared statement, I think in H's case it would be very good idea, we will take advice from the legal adviser, I am unsure about things like adverse inference, I think that means being pre-warned to the questions so as to have a defence ready, anyway I am sure that I do not need to worry about that.

 

 

How many questions roughly will he have to face?

 

 

Would I be able to be the appropriate adult?

 

 

I slept a little better last night, but it is the last thing on my mind before I go to sleep and the first thing on my mind when I wake up.

 

 

I truly wish that we had not gone on believing that it was just a case of they will sort it out.

 

 

I still do not understand why he received letters saying that his benefit would stop in Nov, then another letter saying Dec because he had got to 365 days, very confusing.

 

 

Because you are connected to the claim it's very likely they won't allow you to act as appropriate adult- phone the investigator & ask them. Some investigators would have a partner as an AA, some wouldn't.

 

If your husbands statement covers all the points there may be few questions.

 

Adverse inference means that if you don't give that information when first asked, or maybe say something different in court then a judge or magistrate may be less inclined to believe you and think you have had time to think about it. However, for adverse inference to be drawn, the question has to have been asked in the first place. Given that you appear to be wanting to make a clean breast of it and are being upfront then it's probably something you needn't worry about.

 

I think you need to stop reading other folks horror stories and stop torturing yourself. It will change nothing but it will make you ill.,

[Shoelover]

Can I suggest that you phone the investigator and explain that he may well struggle. I'd far rather know in advance as I can allow extra time for them and do what I can to make it easier for them

[Shoelover]

I will print the bank statements today, but have been told to give them to the solicitor, not the investigator, is this the normal thing to do?

 

Yes it is. Been poorly but I will respond properly tonight xx

[Shoelover]

Hello. Thanks for your good wishes- when I taught my son to share I didn't have his germs in mind!!! Anyway I'm over my vile cold & the sinusitis is better too.

 

Like others I am not remotely worried by a no comment interview - it's just a question of asking all the relevant questions and that's it.

 

If you don't supply your bank statements then the investigator can just go and get them anyway. It depends which bank you are with as to how long this will take. So the only thing that not handing them over achieves is prolonging matters. Given how upsetting this is to you, then I think that's not ideal.

 

It's not what the investigator thinks that counts really- they won't make any decision as regards any further action.

 

Do you get housing benefit- was it mentioned at IUC? If HB is involved they will need your bank statements to consider underlying entitlement.

[Shoelover]

Hi shoelover

thank you for your comments. Would it be appropriate for me to write explanations on the statement, like when I have paid money in from my own account to the joint account, or should I just hand them in, then wait and if they need more clarification they would invite h in for another IUC, is that what would happen?

 

 

I think that's a great idea to annotate them.

 

If they need further clarification then another IUC may well be conducted, but from what you say it sounds unlikely.

 

If you want to make sure they get to the investigator quickly, which in turn speeds the process up, then it could be worth you dropping them off at the office.

 

Did hubby have an appropriate adult?

[Shoelover]

I too excel at overthinking & always manage to dream up awful scenarios. So I get how you feel.

 

You really have done your best to put this right and need to stop worrying. Hugs - have a nice weekend lovely and stop worrying!!!!! Xx

[Shoelover]

Yes- please do let us know. You try to have a good weekend too.

 

Stop worrying so much lovely. Xx

[Shoelover]

PP,

What is the earliest date of the overpayment? That will dictate which ad pen scheme it comes under.

 

Although the money not having been spent is not a defence, i would imagine it will be considered as mitigation.

 

Your solicitors advice is just that - advice. You do not have to take it- it's your decision. It may well be she advised no comment purely because he was so nervous.

[Shoelover]

The decision re further action lies with the fraud manager. DM's only make decisions on benefit claims.

[Shoelover]

The fraud manager and DM are not the same at all. The DM looks at benefit legislation and the fraud manager looks at the "criminal" side of things.

[Shoelover]

Thank you Zanderland and ThedaBara, for your comments.

 

I will check in from time to time and let you all know how it is going.

 

For now I need to get my head out of this mess and concentrate on my work.

 

Thank you all so much for all your help and advice.

 

I will keep in touch.

 

 

I think that's wise.. You have done all you can. Hope things improve for you xx