Under investigation for fraud!!!

peter999

Bossyboots wrote:

You are entitled to take a solicitor with you to this interview. However, you will have to pay for it yourself as the cost is not covered by legal aid.

You can take any 3rd party as a "McKenzie" friend to act as a witness.

Ety

The reason that you are being interviewed under caution is for your own protection. The Police and Criminal Evidence Act protects you so that you are treated in a fair and correct manner.

It is your right to have some one present and seek legal advice. You may attend the interview alone as you are not under arrest and if you wish to stop the interview at any time to seek legal advice you are able to do so.

When conducting a IUC you should be issued with a copy of your rights and full clarification given at the start. I would say to you that you attend the interview and just be open and honest with your circumstances and explain that you made contact by telephone on the given day. Remember it substantiates your version of events if you can give times and dates etc to when you contacted the HB Section.

Also I would say that you don't need a witness because as the interview is taped - a full transcription is completed after the interview and put within your file. Also it is your right to request a copy of the tape (you may need to do this via a solicitor). You will be given a notice stating the procedure for obtaining a copy of the tape.

Seriously I wouldn't worry - it is standard procedure for most benefit offices to interview under caution where there is a discrepancy.

Also if you're still worried the CAB may attend the interview with you.

Hope this helps!!!!

stiffnuts69

If you have done nothing wrong then please you have nothing to worry about. They have to be formal but do not worry, your not under arrest and you are free to leave at anytime. Its just a process they have to follow. I would always always advise whether you have nothing to hide or not try and get a solicitor, if not then an "M Friend" as someone else said.

Fran

Ety wrote:

It is your right to have some one present and seek legal advice. ...............................Also I would say that you don't need a witness because as the interview is taped

I would advise taking someone with you, if CAB not possible a family member or friend.

Bossyboots

I 100% agree with Fran on this.

Ety

Another quick thought - I would dig out your last notification of benefit entitlement and then compare it to what income you were receiving at that time and what you are getting now. You should be able to work out what has gone wrong and justify yourself - if you need to!!!

The only reason you may need someone to attend with you is purely to support you. Any comments they will make will be completely disregarded - unless it is your solicitor and they are purely advising and not controlling the interview.

Good luck!

Ety

Bossyboots

Ety wrote:

Another quick thought - I would dig out your last notification of benefit entitlement and then compare it to what income you were receiving at that time and what you are getting now. You should be able to work out what has gone wrong and justify yourself - if you need to!!!

The only reason you may need someone to attend with you is purely to support you. Any comments they will make will be completely disregarded - unless it is your solicitor and they are purely advising and not controlling the interview.

Good luck!

Ety

I cannot emphasise enough how important that support would be. Also, if it is someone who knows you well then although they cannot comment on the interview they may have recall of things the person being interviewed forgets and can help remind them, such as dates or events for example which easily slip the mind with the nervousness of the occasion. In this respect, apart from the costs involved, a close friend or relative is much better than a solicitor.

I am not sure why you are so keen to push for the OP to go alone. This is a scary situation and taking along someone you are comfortable with can only be a help.

celticfc

I'd like to thank those who have replied and offered advice. I managed to speak to a solicitor this afternoon, who speciallises in welfare benefits ( thanks to november for the link) and he has reassured me somewhat in regard to my being interviewed. He is astonished that decision on my application for benefits have still not been made. IS.

He is amazed at the letter recieved this morning, bearing in mind I was only awarded council tax benefit approx 6 weeks ago to have it suspended whilst being investigated.

I am reassured that the solicitor is more than prepared to come with me and is willing to give me as much help and advice as is available. I have all the notification and other correspondence to check any change. I rang again this afternoon and spoke to a nice chap who said there had been a change in IB and they had not been notified. From 26/1/06 I had an increase of £18 in IB. This is the only change in my circumstances and as I told the solicitor, I naively thought that any change in benefit would be automatically notified to the various depts within the benefits system, but apparrantly not.

I have an appointment with my local MP tomorrow on the advice of the solicitor to explain to her the problems I have had since applying for benefits to see if she can throw some weight behind it.

Ety

Bossyboots wrote:

I am not sure why you are so keen to push for the OP to go alone. This is a scary situation and taking along someone you are comfortable with can only be a help.

You are entitled to take someone along with you as long as they are not associated with the suspected offence. Unfortunately the person is unable to assist or comment or prompt you.

I'm glad that for peace of mind the OP has decided to take a solicitor. The solicitor will meet with the fraud oficer in advance and advise accordingly.

At the end of the day this interview is to establish facts not to trap anyone!!!!

BTW celticfc - if you are unhappy with how this situation has been dealt with - your MP will escalate a complaint on your behalf or you can go through the council's corporate complaints procedure or the local government ombudsman.

I truly think that this has come to light through Housing Benefit Matching Service - please make sure you explain everything as you have done in all your posts.

Good Luck!

Ety

celticfc

Ety wrote:

BTW celticfc - if you are unhappy with how this situation has been dealt with - your MP will escalate a complaint on your behalf or you can go through the council's corporate complaints procedure or the local government ombudsman.

I truly think that this has come to light through Housing Benefit Matching Service - please make sure you explain everything as you have done in all your posts.

Good Luck!

Ety

thanks very much.