Interview under caution

ZakOne_2

Hi All,

I have been claiming Income Support for around two years after being signed off long term.

In November last year I was offered a job and decided to give it a go. I only lasted about 5 weeks as I couldn't adjust to it and realised I had bitten off more than i could chew.

At the time I wrote to my local jobcentre explaining I was going back to wotk full time to see how things went and would have to stop claiming. I also filled in the P46 given to me by my new employer. So all in all I felt I had done everything I was meant to.

The problem is that I never appear to have never been signed off by the jobcentre. I noticed this in about mid Decemeber and thought they must be behind with things and it would sort itself out. I realised I was probably overpaid but assumed they would ask for it back sooner or later. I left the job on 24th Dec.

As we went into the new year I tried phoning a few times but didn't get through. What with one thing and another I pretty much forgot about it until I received a letter stating I was being called in for an interview under caution. I was rather surprised by the tone of the letter and I am worried that they are going to say I have tried to "cheat" them. I paid tax in the new job for the 5 weeks and informed them by letter though - they just appeared to have done nothing about it. I quite prepared to pay them back and even set the relevant money aside some time ago. But now I have read that they can suspend my current benefit for upto 4 weeks and give me a penalty on top of this! At worst I could end up in court! Has anyone else been in this scenario or does anyone here know what is best to do. Should I seek legal advice before the interview? I have no proof to the letter I sent (just a copy on the PC) but I did sign and date the P46 at the time.

Any useful advice appreciated!

Kind Regards, Zak

Deepmistrust

Have they ever acknowledged the letter you sent?

ZakOne_2

No - I have heard nothing from them until now.

Deepmistrust

For how long/how much did they overpay you?

I_luv_cats

I would suggest you go to your local Citizens Advice Bureau that has a benefits/welfare specialist in that branch.

They may have not got your letter. I would have thought a back-log wouldn't have lasted this long.

The tax office system may have alerted JCP systems or somebody squealed on you

ZakOne_2

Looking back they appear to have overpaid me about 5 weeks of benefit.

ZakOne_2

This equates to approx £450 or so.

Deepmistrust

Hardly crime of the century. I don't know what they'll do. I imagine if nothing like this has happened previously, and you can repay the overpayment, I don't imagine they'll go further with it.

However, I would contact the CAB, "interview under caution" you might need legal representation at some stage.

CrashUK

Theys in the wrong.. Why would u only cheat the system for 5 weeks? also they may own u tax credits for them 5 weeks you can backdate them..

dmg24

CrashUK wrote: »

Theys in the wrong.. Why would u only cheat the system for 5 weeks? also they may own u tax credits for them 5 weeks you can backdate them..

They are in the wrong because the OP did not report the overpayment when they became aware of it?

OP, I trust you have proof of sending the letter to them, and the phonecalls you made?

ZakOne_2

I have the a copy of the letter but it was sent in the regular mail so I have to proof it was actually sent. I never got through to anyone with the calls. I knew there may of been an overpayment but as far as I was concerned I had told them I was back in work. The likely issue seem is that either they didn't receive the letter or completely failed to act upon it.