Thanks

Paul_Varjak

Read this for inofrmation on Earnings Disregard:

http://www.jobcentreplus.gov.uk/JCP/Partners/Allowancesandbenefits/Dev_010126.xml.html


The problems is that you were earning more than £20 per week (the highest possible disregard). YOU CANNOT AVERAGE IT OVER THE YEAR - it applies on a week-by-week basis.

The best thing is just to be honest and take you wage slips to the interview. They are more likely to be tough on you if you are not open and honest.

I was interviewed under caution a few years ago because the local authority believed I held investments that I had not declared when claiming Council Tax Benefit. I showed the investments were my mum's investments and I was merely acting as Power of Attorney for my mum. The matter went no further.

From what you say about your situation, I doubt that your matter would go to Court. But contact your local Solicitor that deals with Benefit matters for more advice.

suelees1

gigolette wrote: »

Thanks cmonthehoops, can you tell me roughly what happened to you in the interview and do you have to wait months before they decide what will happen to you?

You'll be formally cautioned and then questioned under PACE (Police and Criminal Evidence Act). They will tell you you are free to leave at any time and that you can stop the interview whenever you want and seek legal advice.

IMO you don't need a solicitor to attend the interview with you. Most have no experience whatsoever of benefit law.

The DWP will ask questions and will most likely show you any evidence they have such as wage details and they will then ask you for your version of events.

It can feel intimidating but just be honest about your earnings and explain why you thought you didn't have to report the fact that you were working.

The Fraud team are not Decision Makers and cannot make decisions despite how it might seem.

Additionally I must add that you are not compelled to attend these interviews but I'd advise you to go along and be honest about the work you did.

In case you need expert advice try CLS Direct website and do a search for those firms/organizations which have welfare benefits specialist advice.

www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp

Once your interview is over you'll be asked to sign a statement prepared in your presence. They refer this to the relevant DWP or LA dept who then decide if you've been overpaid, calculate the amount and notify you some weeks later and exlain what to do if you're unhappy with the decision.

I must stress that even though you might have admitted everything and offer to repay the full amount (albeit in weekly instalments) there is still the chance that they will apply a sanction If they think you have deliberately failed to disclose income. If this is the case they'll send your statement to the solicitors branch for them to decide what if any sanction to take. You might not hear from them for many months.

As I said in an earlier post it is unlikely you'll be prosecuted for a small amount. What they are most likely to do is to recover any overpaid benefit from your ongoing benefit.

real1314

cmonthehoops wrote: »

Gigolotte DONT worry i was left money in a will and was claiming housing and c.tax benefit.(i am medically retired) The council filled my forms in for me every year so i was told not to say anything about the will money. To cut a LONG story short i was done for fraud(Ive never been in trouble in my life) IF they find you have a case to all they will do is tell you to pay it back at a amount YOU can afford to. You will NOT go to court trust me.

This might have been your experience, however it isn't always thtat way. Some people do get sent down, others get a 30% penalty to repay on top of the overpayment, others get a caution. In the OP's case I'd suspect repayment only though.