benefit fraud interview/interview under caution (merged)

black-saturn

Its amazing how many people you think are friends who will ring the DSS and tell lies and try and get you into trouble. It could be anyone you know. As long as you know youve told them all the info they need and been truthful you wont have anything to worry about. You will find out that whatever someone else told them is a pack of lies.

sikipoo

Has anyone been summoned for a benefits interview under caution and if so were they notified of this in writing.

I have to attend an interview this week, but no mention of this has been made.
I would have thought they would have to tell you as you would need legal advice and someone legal in attendance.

ohreally

sikipoo wrote:

I would have thought they would have to tell you as you would need legal advice and someone legal in attendance.

Why does one need legal advice to tell the truth?

ben500

I think you will find that all benefit interviews are "under caution" and that you are entitled to a witness or representative if you wish, if you are concerned then take someone with you and advise the benefits officer they are there to witness the interview and if applicable take notes, if you have concerns about the way in which you are claiming benefit you should seek legal advice immediately!

I would point out this post in no way condones or encourages benefit fraud but is made in order that the op may act in best interest if need be.

wobblebottom

Yes i have.. i was notified by post at least a week or two in advance.. i opted to choose to attend on my own i didnt feel i needed the assistance of the CAB or solicitor to tell the truth..

Dont be afraid.. just be urself.. u will have to swear on the bible.. sign a declaration of truth.. everything will also be written down what u say as well as being recorded twice.. these tapes are sealed and signed by ueself.. u can access these tapes anytime after caution.. and u are given a copy of the signed statement too..

If it is you are found to be "guilty" after the tapes have been listened to by the fraud squad etc.. you will be called back to either get a mega huge slap on the wrists.. or to be informed of an impending second hearing if nesessecary.. if and when u recieve notification of this call back you must attend or they will come down on you like a ton of bricks and a warrant will be issued..

If you hear nothing within a few weeks just give them a call and ask to be informed of any desicions asap..

But most of all.. dont go in all guns blazing, or pleading innocent.. theyve heard it all before.. just be yourself open and honest.. even if you are gulity.. they will ask you your reasons and may even sympathise with you..

I wish you all the luck.. even if u havent done wrong.. its not a pleasant experience.

Fran

***Boardguide comment***

sikipoo,

I have merged your two threads about the interview as it makes it easier for people trying to help you to follow, I hope you don't mind.

Fran

ohreally wrote:

Why does one need legal advice to tell the truth?

It is useful to have a person there who is objective just to make sure the interviewee doesn't dig themselves a hole unnecessarily for example. Someone from the CAB would be ideal as it's free, but not all (not many?) bureaux have the resources to be able to attend with you. They can certainly look at your present situation though and advise whether anything looks untoward. At least then you know where you stand beforehand in case there is something in your claim that you have overlooked for example. They can also advise you to make sure you don't agree to anything that would be difficult to keep to, for instance if you need to pay any money back because of a mistake.

Bossyboots

Fran is spot on. You should always have someone with you, Legal aid does not cover a solicitor's attendance. The poster who has put that a solicitor did attend for free, got lucky. Their solicitor either does pro bono or, more likely, has not read the rules properly and made the common error of thinking it is covered because it is under caution, or the error of thinking you are covered because of being on benefits. You are only entitled to legal aid where a police officer is present and this is not the case with benefits interviews.

wazza

Bossyboots wrote:

Fran is spot on. You should always have someone with you, Legal aid does not cover a solicitor's attendance. The poster who has put that a solicitor did attend for free, got lucky. Their solicitor either does pro bono or, more likely, has not read the rules properly and made the common error of thinking it is covered because it is under caution, or the error of thinking you are covered because of being on benefits. You are only entitled to legal aid where a police officer is present and this is not the case with benefits interviews.

i suppose i was lucky to get a solicitor to attend for free but i will INSIST that you should have a go and ring around and hopefully get one that does it for free. All its going to cost you is the phone call. If you can get to CAB maybe they have a list of solicitors who does attend at no fees, after all they have handled many cases with the fraud dept.

Bossyboots

I agree it is worth a try. I just wanted people to know that unlike police station attendance, the legal aid scheme does not cover you in benefits interviews so most solicitors will not attend unless you pay them yourself. Any solicitor attending without payment by the client is doing it for free and anyone lucky enough to find one should be immensely grateful.