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Worried sick, can someone please help?

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Comments

  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    I work in HB and an IUC is a serious matter but it is not always as terrible as people think.

    The process will be tape recorded or digitally if you are in an LA with up to date technology!

    You will be given a caution which says that you don't have to answer anything etc but this is not a police interview.

    You are entitled to have someone go with you and sometimes a friend or family member is a good idea. You could also ask a local councillor or someone from CAB but they aren't allowed to answer for you unless you have given them appointeeship over your affairs.

    Typically, the interviewer will be an investigation officer who will ask you questions around your claim, what you understand of the benefit system and try to identify if you deliberately attempted to cheat.

    From what you have said, this seems to be a case where you will have an overpayment of benefit and they want to find out more about it. The purpose of investigation departments is to stop fraud and ERROR and it could well be that they see no evidence of any offence having been committed and ask that you work on a repayment plan for your overpayment.

    As you are going through an employment tribunal, I assume you are not being paid from work? This may mean that you should not get Working Tax Credit and so you need to contact them? Also, make sure that HB are aware that you aren't working and/or getting WTC so that they can make the changes needed to your award.

    Really hope this helps as I do realise that it is very unpleasant but feel free to PM me if you need to?
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
  • Rikki
    Rikki Posts: 21,625 Forumite
    I didn't think you could claim housing benefit for one property while paying or contributing to a mortgage on another property.
    I'm assuming your name is still on the mortgage and title deeds.
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  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Rikki wrote: »
    I didn't think you could claim housing benefit for one property while paying or contributing to a mortgage on another property.
    I'm assuming your name is still on the mortgage and title deeds.

    Under certain circumstances this is possible, but this is certainly something that should be declared.
  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    There are circumstances in which this can happen.

    For example, if you and your partner own a property together and have a family but seperate and you move out into rented. The value of the former family home is disregarded for as long as the former partner is a lone parent.

    Ownership of 2nd properties is complicated but if you didn't declare it and they have found out about it, you could have an issue. Best to note all these things down and take someone with you to the IUC
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
  • hyltonlad
    hyltonlad Posts: 279 Forumite
    i had to attend an interview under caution it turned out to be my ex employer who was at fault my wage was put in for h/b but they mixed me up with someone else for the inland revenue. i was very nervous before hand but the person doing the interview was fair and nice and said i could have a break if needed as someone has said its not police they will have every h/b form you have put in from your first claim
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why not get a letter from your GP describing your condition and the effect it has on your memory and comprehension skills, also include about the stress as that can be a formal diagnosis too. Do you have any official paperwork showing that you are obliged to contribute to the mortgage as part of the legal separation? If not it may be that your ex-wife should be claiming Support for Mortgage Interest, you should not be paying anything to the mortgage (you do not appear to have an income), and should not be claiming LHA.
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  • Thanks everyone for your responses, firstly yes I have plenty of paperwork from my tribunal claim with clear medical records stating my condition.

    I work 16 hours per week and I am to my knowledge on this basis I am entitled to WFTC, I am the main carer for my children as they spend more time with me than my ex as she works full time and is doing a degree, I am confident that this is perfectly legal.

    I have been advised to seek a solicitor ASAP, as my IUC is in less than a week is it possible to arrange a date a little further down the line to arrange a solicitor.

    Im feeling very nervous as I am not confident to represent myself.
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I work 16 hours per week and I am to my knowledge on this basis I am entitled to WFTC, I am the main carer for my children as they spend more time with me than my ex as she works full time and is doing a degree, I am confident that this is perfectly legal.

    Yes it is:
    As a parent, you only need to work 16 hours to get WTC. (providing you meet the other criteria)
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  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    Hi there

    I have this minute spoken to our Investigators about legal advice.

    You are entitled to take a solicitor with you and this will be mentioned in the IUC but as most charge and for an IUC, aren't allowed to intervene, this might not be a good use of your limited finance.

    You are entitled to ask for the interview to be suspended at any point to consult a solicitor and you can go into it with a mate, find out what it relates to and then ask to suspend it and see a solicitor.

    You can ask for it to be delayed but in my very honest opinion, the longer that you put it off, the worse you will feel.

    Please remember that the point of an IUC is to gather information and not to scare you. If they decide that you have committed an offence, it is not a criminal matter always and usually can be dealt with outside of a court through a caution (kept on your benefit file) or an admin penalty but only where we feel you have attemped to obtain benefit that you arent entitled to.
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
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