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Interview under caution help
Lizzy12
Posts: 13 Forumite
Hi all.
To make it quick... I was on income support from January 2008 until september 2011.
A couple of years ago I also claimed carer's allowance for my mum who is on dla as I obviously cared for her.
I was recieving income support, carer's allowance, housing benefit, child tax credits and child benefit.
In september (2011) I started university. I told income support that I was coming off the benefit as I would be recieving my student loan/grant etc. I recieved a letter back saying that's fine etc but that I am still entitled to carer's allowance because my hours in university don't go over a certain amount of hours.
I phoned income support to check this was true as I didn't want to be still claiming for carer's allowance if I wasn't entitled to it. But the guy on the phone assured me it was all correct and they had checked with my uni to confirm the hours I was actually in. He said something along the lines of it's good to hear from an honest person once in a while.
Anyway, I recieved a letter off housing benefit saying Income support had informed them that I was no longer on the benefit as I was entitled to student loans etc, and that until I confirmed my income from 17th september they would stop my HB.
I sent in all my student finance details which had a breakdown of the loan, grant, childcare grant and parents learning allowance and sent original copies to them.
Anyway, I recieved a letter back saying that I would still be entitled to some housing benefit. So all was good and everything was sorted.
I came home from Uni on wednesday to a letter from the council. It says I have been invited to attend an interview under caution on Monday 6th March due to me not informing the council that I was recieving carer's allowance.
I phoned them up to ask what it was all about and the guy on the phone was really helpful. He said when my housing benefit was stopped, I only sent in my student finance details as my income, I didn't send any proof in of carer's allowance. Now I know that, I understand that I should have done. But it honestly didn't even cross my mind with income support letting them know I wasn't in recipt of IS anymore. When income support told them, I thought they would have known I was getting carer's allowance.
It was a genuine mistake from me, I shouldn't have just assumed, when they sent me a letter asking for confirmation of income, i obviously just assumed that they meant my new income, i.e, my student finance.
On the phone I was told my housing benefit had been overpaid by £319 from september until now. I have my IUC on Monday morning, but I can't help worrying. It was an unintentional genuine mistake but will they see it in that way? I am a single mum to 2 kids, I'm at uni studying a degree, so there is obviously no way I would do anything to jeapordise any of this.
Does anyone have any experience of what an IUC is like, what will be the worst case scenario, and will it just be a case of simply paying the overpayment of £319 back?
Thank you
To make it quick... I was on income support from January 2008 until september 2011.
A couple of years ago I also claimed carer's allowance for my mum who is on dla as I obviously cared for her.
I was recieving income support, carer's allowance, housing benefit, child tax credits and child benefit.
In september (2011) I started university. I told income support that I was coming off the benefit as I would be recieving my student loan/grant etc. I recieved a letter back saying that's fine etc but that I am still entitled to carer's allowance because my hours in university don't go over a certain amount of hours.
I phoned income support to check this was true as I didn't want to be still claiming for carer's allowance if I wasn't entitled to it. But the guy on the phone assured me it was all correct and they had checked with my uni to confirm the hours I was actually in. He said something along the lines of it's good to hear from an honest person once in a while.
Anyway, I recieved a letter off housing benefit saying Income support had informed them that I was no longer on the benefit as I was entitled to student loans etc, and that until I confirmed my income from 17th september they would stop my HB.
I sent in all my student finance details which had a breakdown of the loan, grant, childcare grant and parents learning allowance and sent original copies to them.
Anyway, I recieved a letter back saying that I would still be entitled to some housing benefit. So all was good and everything was sorted.
I came home from Uni on wednesday to a letter from the council. It says I have been invited to attend an interview under caution on Monday 6th March due to me not informing the council that I was recieving carer's allowance.
I phoned them up to ask what it was all about and the guy on the phone was really helpful. He said when my housing benefit was stopped, I only sent in my student finance details as my income, I didn't send any proof in of carer's allowance. Now I know that, I understand that I should have done. But it honestly didn't even cross my mind with income support letting them know I wasn't in recipt of IS anymore. When income support told them, I thought they would have known I was getting carer's allowance.
It was a genuine mistake from me, I shouldn't have just assumed, when they sent me a letter asking for confirmation of income, i obviously just assumed that they meant my new income, i.e, my student finance.
On the phone I was told my housing benefit had been overpaid by £319 from september until now. I have my IUC on Monday morning, but I can't help worrying. It was an unintentional genuine mistake but will they see it in that way? I am a single mum to 2 kids, I'm at uni studying a degree, so there is obviously no way I would do anything to jeapordise any of this.
Does anyone have any experience of what an IUC is like, what will be the worst case scenario, and will it just be a case of simply paying the overpayment of £319 back?
Thank you
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Comments
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I doubt that much will happen, you are not even legally obliged to comply and attend the interview. If you do go, they will interview you under caution and tape record it. I expect a decision will be taken not to prosecute you, and a repayment plan that you can afford will be arranged.
It all sounds very formal, but don't worry too much, particularly if it is your first 'offence', and you show willing to pay back what you owe.0 -
Thank you, that has helped to put my mind at ease a bit. I was expecting having to go to court too. I have no idea how these things work that's all.I doubt that much will happen, you are not even legally obliged to comply and attend the interview. If you do go, they will interview you under caution and tape record it. I expect a decision will be taken not to prosecute you, and a repayment plan that you can afford will be arranged.
It all sounds very formal, but don't worry too much, particularly if it is your first 'offence', and you show willing to pay back what you owe.0 -
Hi all.
To make it quick... I was on income support from January 2008 until september 2011.
A couple of years ago I also claimed carer's allowance for my mum who is on dla as I obviously cared for her.
I was recieving income support, carer's allowance, housing benefit, child tax credits and child benefit.
In september (2011) I started university. I told income support that I was coming off the benefit as I would be recieving my student loan/grant etc. I recieved a letter back saying that's fine etc but that I am still entitled to carer's allowance because my hours in university don't go over a certain amount of hours.
I phoned income support to check this was true as I didn't want to be still claiming for carer's allowance if I wasn't entitled to it. But the guy on the phone assured me it was all correct and they had checked with my uni to confirm the hours I was actually in. He said something along the lines of it's good to hear from an honest person once in a while.
Anyway, I recieved a letter off housing benefit saying Income support had informed them that I was no longer on the benefit as I was entitled to student loans etc, and that until I confirmed my income from 17th september they would stop my HB.
I sent in all my student finance details which had a breakdown of the loan, grant, childcare grant and parents learning allowance and sent original copies to them.
Anyway, I recieved a letter back saying that I would still be entitled to some housing benefit. So all was good and everything was sorted.
I came home from Uni on wednesday to a letter from the council. It says I have been invited to attend an interview under caution on Monday 6th March due to me not informing the council that I was recieving carer's allowance.
I phoned them up to ask what it was all about and the guy on the phone was really helpful. He said when my housing benefit was stopped, I only sent in my student finance details as my income, I didn't send any proof in of carer's allowance. Now I know that, I understand that I should have done. But it honestly didn't even cross my mind with income support letting them know I wasn't in recipt of IS anymore. When income support told them, I thought they would have known I was getting carer's allowance.
It was a genuine mistake from me, I shouldn't have just assumed, when they sent me a letter asking for confirmation of income, i obviously just assumed that they meant my new income, i.e, my student finance.
On the phone I was told my housing benefit had been overpaid by £319 from september until now. I have my IUC on Monday morning, but I can't help worrying. It was an unintentional genuine mistake but will they see it in that way? I am a single mum to 2 kids, I'm at uni studying a degree, so there is obviously no way I would do anything to jeapordise any of this.
Does anyone have any experience of what an IUC is like, what will be the worst case scenario, and will it just be a case of simply paying the overpayment of £319 back?
Thank you
To get full student finance I believe you have to be a full time student, you cant claim carers allowance as a full time student.0 -
The biggest mistake made by most in this situation is the notion that if you do not sit down and provide the information to prosecute you that they will prosecute you out of spite.
This is not the case at all in way shape or form.
This interview is to obtain information for a prosecution, the decision to prosecute will be based upon how much evidence they have, not on cooperation, if that was the case, they would just write and ask for the over payment.
Councils have targets to meet on prosecutions, they do not "let people off"
They either have enough information or they do not.
Now your legal position is this.
You have been invited to attend and provide information for them to use in a court of law in your prosecution.
You do not have to attend by law and you do not have to provide them any information.
In response, if they feel they have enough evidence already they can ask a magistrate to summons you to court or if they dont they can not.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Does anyone have any experience of what an IUC is like, what will be the worst case scenario, and will it just be a case of simply paying the overpayment of £319 back?
Sorry - I sort-of fell over at the massive wall of text.
To clarify - you weren't advised at any time wrongly by a member of DWP staff that lead directly to the overpayment?
If so, there is an argument to not recover the payment.
There is guidance that prosecution only happens over 2000 pounds, or where the case is serious for other reasons.
You may find the notes in http://www.rightsnet.org.uk/forums/viewthread/2488/#10214 useful.0 -
I am sure you will be fine, it all sounds very genuine to me, full time as a student can be very few hours so it is perfectly possible to still be a carer.Blackpool_Saver is female, and does not live in Blackpool0
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Hmmmmm, looked this up and it says no carers allowance for full time students even if hours low or college uni deem it full time, It goes on to say that this has been appealed against and some cases have been allowed. Just tell it as you have told us, anyone can see it's genuine.Blackpool_Saver is female, and does not live in Blackpool0
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I know it's easy to say but I wouldn't worry, because I had a similar sort of issue and I spoke to the CAB who said I wouldn't be slammed in jail because it was an honest oversight. They also said (I was misinformed by the JC, which is why I ended up in trouble) to always always always ask whoever you speak to to put in writing. I would have thought ringing them up or seeing people would have been enough, but apparently not. You can also speak to the CAB, who should give you some advice.
Are you sure it's under caution, and not just a compliance person? Make sure you take all the relevant details and bank statements etc etc you need, and just give them short simple answers and don't waffle on. I posted this as a response before to someone who was having a compliance meeting and it was mis-read as me telling them how to cheat, what I mean is it's very easy to talk yourself into admitting something that isn't true or relevant. Particularly if the officer leaves a pause between your answer and their next question, it's so easy to make a quip and end up having to reverse out of it! You'll have to sign a statement so everything will be declared at the meeting. Take your time and make sure it's all correct.0 -
Blackpool_Saver wrote: »Hmmmmm, looked this up and it says no carers allowance for full time students even if hours low or college uni deem it full time, It goes on to say that this has been appealed against and some cases have been allowed. Just tell it as you have told us, anyone can see it's genuine.
That's the reason why I phoned income support, they said they had checked with my uni on the hours I said I was doing and that it was all fine. I said I don't want to be claiming anything that I'm not entitled to and he said I wasn't doing.I know it's easy to say but I wouldn't worry, because I had a similar sort of issue and I spoke to the CAB who said I wouldn't be slammed in jail because it was an honest oversight. They also said (I was misinformed by the JC, which is why I ended up in trouble) to always always always ask whoever you speak to to put in writing. I would have thought ringing them up or seeing people would have been enough, but apparently not. You can also speak to the CAB, who should give you some advice.
Are you sure it's under caution, and not just a compliance person? Make sure you take all the relevant details and bank statements etc etc you need, and just give them short simple answers and don't waffle on. I posted this as a response before to someone who was having a compliance meeting and it was mis-read as me telling them how to cheat, what I mean is it's very easy to talk yourself into admitting something that isn't true or relevant. Particularly if the officer leaves a pause between your answer and their next question, it's so easy to make a quip and end up having to reverse out of it! You'll have to sign a statement so everything will be declared at the meeting. Take your time and make sure it's all correct.
Thank you. Yes it's definately a cautuion interview. I asked on the phone if I need to take anything with me and he said no they have everything. I'm worrying. They did say on the phone though not to worry and that the interview will probably last 20 minutes or so.
He also said due to my overpayment, my HB would be going down each week which is obvious, and he told me what the new amount would be, £47 a week. I know it was an honest mistake but I'm really worried now. Anyway, it's the day after tomorrow so I will let you know how I get on0 -
To get full student finance I believe you have to be a full time student, you cant claim carers allowance as a full time student.
This^^^^.
From direct.gov
"However, you can't get Carer's Allowance if:
you're in full-time education with 21 hours or more a week of supervised study - or doing a course described as full-time by the college or establishment providing it"
If it's a full time course (which it must be for you to be getting student loans) the number of hours that you're studying is irrelevant.0
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