Interview under caution

dmg24

ZakOne wrote: »

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.

How many times did you try to call? Surely you went into a queue?

You sent a letter, but you cannot prove it.
You tried to call them, but you cannot prove it.

If you thought that your claim had ceased (but not yet been processed), I trust you reapplied for IS once you had finished work?

Deepmistrust

ZakOne wrote: »

The likely issue seem is that either they didn't receive the letter or completely failed to act upon it.

The problem is, you knew there was an overpayment, you probably suspected they hadn't received your letter, yet you didn't make any provable effort to ensure they were aware of your change in circumstance. It's your responsibility to inform them, and to ensure that they have received your letter, which clearly you realised they musn't have, yet didn't follow up.

But, like I said, I imagine, if you've set the money aside, and are totally honest with them, I doubt they'll take it much further. I would still speak to the CAB first though.

ZakOne_2

I may of called four or five times over a week period or so. Yes - put into the regular que but I never actually waited long enough to get to speak to anyone.

I never tried re-applying for the IS as it never actually appeared to cease! I guess I was waiting for it to stop being paid before re-applying which in hindsight was a mistake.

dmg24

ZakOne wrote: »

I may of called four or five times over a week period or so. Yes - put into the regular que but I never actually waited long enough to get to speak to anyone.

I never tried re-applying for the IS as it never actually appeared to cease! I guess I was waiting for it to stop being paid before re-applying which in hindsight was a mistake.

If you went into a queue then this will appear on your phonebill.

If you never reapplied then this is pretty conclusive evidence that you knew your claim had not ceased.

You need to go to the interview and be honest. Don't try to tell them 'I thought it would end', because if you genuinely thought that you would have put in a reclaim.

Deepmistrust

So you are currently getting IS based on your previous claim, which should have ceased when you started the job then.

So technically, you have been overpaid on that claim, not for 5 weeks, but for every subsequent week since?

I'm not sure how it works tbh, but that is how I think it sounds.

dmg24

Deepmistrust wrote: »

So you are currently getting IS based on your previous claim, which should have ceased when you started the job then.

So technically, you have been overpaid on that claim, not for 5 weeks, but for every subsequent week since?

I'm not sure how it works tbh, but that is how I think it sounds.

If the OP goes down the 'I thought the claim had ceased' then your interpretation is correct, and they would need to do a reclaim now (and would get at most three months backdated).

Deepmistrust

Good point dmg. OP if you have been receiving IS based on the original claim since November, that is more like 6 months of overpayment (not 5 weeks). At least if you reapply now, there is a chance you can get some of it backdated, to offset against the overpayment which they will most likely want back.

dmg24

Deepmistrust wrote: »

Good point dmg. OP if you have been receiving IS based on the original claim since November, that is more like 6 months of overpayment (not 5 weeks). At least if you reapply now, there is a chance you can get some of it backdated, to offset against the overpayment which they will most likely want back.

Or they could hold their hands up and admit they did not declare the money. This may (or may not) get them less of a sanction, but the only person that could say for sure would be the Compliance Officer.

OP, whatever you do remember that Compliance Officers deal with this sort of thing everyday. If you lie, they will know.

Deepmistrust

dmg24 wrote: »

OP, whatever you do remember that Compliance Officers deal with this sort of thing everyday. If you lie, they will know.

I totally agree DMG.

OP, the thing is, the amount you would have been overpaid if you made sure you contacted them as soon as you realised they didn't get your letter, would have just been £450.

Honesty here, is truly the best policy.

[Deleted User]

As has been said, be very honest, tell them that in the nicest possible way u've been a little foolish but had no intent to defraud the benefits system, u just haven't chased the situation up properly and are fully prepared to repay any benefits received while u were working.

If u can avoid any conflict between the two statements that u thought the claim had ceased.., but u didn't put a new claim in when u finished work. These opposing views will trip u up quite badly as it could be seen as showing intent to defraud. From their point of view, if u had truly thought the claim had ceased, u would have made a fresh claim. Please understand that I am just putting forward what I expect will be their point of view.

Unfortunately, when they assess any action they might take.., they will take into account how much has been overpaid. This will include any housing benefit and council tax benefit has been overpaid, not just income support. However, honesty at an interview does count in your favour too.