Administrative penalty notice- how do they expect us to pay?

[tomtom256]

Hello dragon29,

 

I have read through what you have put and the only thing I can think of is that they have never received any of the wage slips you have sent in since 2014 and have investigated this following receipt of current wageslips r have had a data match via HMRC on tax paid/earnings and have 3 years or so of undeclared earnings at Christmas time.

 

I say this as 2 weeks work wouldn't warrant a criminal investigation and/or an interview under caution as any potential over payment would have to be over £2,000 from the outset as that is the policy and you would normally be seen by a compliance officer.

 

Can you do online banking? If so can you check for any further work that may have been done without you knowing or that you may have forgotten about? I am not saying this has happened but you would be surprised what partners do without each other knowing in order to make Christmas, birthdays special occasions nicer when on benefits.

 

Undeclared work is vague on the letters, I would call the investigator again and ask who the work is allegedly with and/or the dates involved. He should tell you this, if he refuses state you cannot decide whether to obtain legal advice with so little information. Investigators have to give you sufficient information to decide if you want to obtain legal advice.

 

If he refuses, he will have to give disclosure via an MG6A form on the day of interview prior to the CD machine being turned on, this should have dates etc on advising what they are looking at. You could wait to get this and then postpone the interview so that you can review if it need be.

 

Is your ESA, Contribution or Income Related? If Income Related, did the amount go down after the work owing to an over payment, presuming it was for the same hours every year, as this would be more than the permitted work rules allows? If not then I am certain this will probably be the reason for the interview, if it did go down then they must have found some other work for one of you.

 

Without prying into your mental health, if the interview would cause you harm mentally, you can tell the investigator this and he has to act on it and follow certain protocol i.e. advise you to see a doctor to review suitability to be interviewed and rearrange the interview for you to do this.

 

Has he asked you to take an appropriate adult with you owing to you're current mental health state? This is something he should have discussed with his manager and have signed off, the letter should have this in it, but I normally state in the letter that the customer needs to bring someone to act as an appropriate adult as per PACE guidance.

 

If you do attend the interview take someone with you to act as an appropriate adult and make sure you state they are there as an appropriate adult and not just a friend as support, as certain protocol has to be covered with appropriate adults and they have more rights than just a friend.

 

Tell the truth about what actions you took and if you feel during the interview you want to leave as it's getting too much or overwhelming you, then leave, you are free to do so any anytime, this is a legal right.

 

I would also take all the wage slips with you if you still have them and dates/times you believe you notified the DWP of this work, so that he can check if he hasn't already done so, on the various systems we use. If you have copies of any covering letters as well even better. If you don't though, do not create any.

 

As to potential legal action, a court case will only happen if an over payment of £2,000 or more occurs, however again depending on your mental health status, they may (should) look at not going down this route as it could be detrimental to health and goes against DWP policy. An administrative penalty would more likely, however if they would not prosecute, they should not offer you this but sometimes do.

 

If it did go to court, the chances of going to prison are very slim, this action is normally for very high over payments and/or repeat offenders, but judges are quite lenient. If you google benefit fraud prosecutions you will see that not very many people go to prison, it's normally a fine, a curfew order and a tag or a conditional discharge. The odd few cases get suspended prison sentences but not many.

[tomtom256]

No your partner cannot be the appropriate adult or attend the interview with you as he could either be a suspect as well or a witness to any potential offence. As they have done the work they may speak with them separately.

 

The payslips may or may not go in your favour as the investigator may/should already have obtained these or at least have a completed wage enquiry to prove any earnings.

[tomtom256]

Relax and breath.

 

From what you have said you have informed the DWP of the work. They have either acted on it or haven't.

 

The letter won't mention your partner at this point as you are the main claimant and they will speak with you first.

 

As for prison highly unlikely even if they throw the book at you. Worst case scenario is an overpayment and a suspended sentence, but more likely a small fine or conditional discharge, if it even gets to court in the first place.

 

You could ask the investigator to being the interview forward to get it sorted quicker if you wish, but this would depend on room availability.

[tomtom256]

Just for your info, I am one of the cold DWP investigators people talk about. Remember you only hear about the ones that behave poorly.

 

A lot of it is also policy led and nothing to do with the DWP employee.

 

Seriously explain what you have put here and let the decision makers decide.

[tomtom256]

Sorry, you didn't offend, I was just pointing out that not all are bad. But the bad ones are the only ones you hear about.

[tomtom256]

No they won't ask for any overpayment in a lump sum. If you are still entitled to benefit they will deduct an amount from this on going award.

 

As previously stated as well highly unlikely that either you or your partner will go to prison.

[tomtom256]

Thank you once again tomtom256.

 

Something else I wanted to ask you - with us having an interview on the 24th - will our benefit on the 21st still be paid or will it be stopped?

 

You've been a great help. We both really appreciate it.

 

If the work has stopped and the claim is ok, then it should be paid as normal as there would be no reason to suspend payments.