anyone on here work in HB?IUC? prosecuted?

stressed_out32

Hope someone can help with some procedures please... Earlier this year i was made redundant so signed on , and applied for HB (both were granted).. I then was successful in finding myself a job so signed off , and asked if the DWP would let HB know i had found work or would i need to do this. DWP said no its fine . We will inform them. Stupidly i took their word for this.

I initially did not notice that my HB was still being paid into my account as i had borrowed some money from my parents in order to cover myself for the first month so didn't check my account. I then realised that DWP had not informed HB team of my circumstances so i emailed them advising them of a change in circumstances. I did not hear anything off them , and left it again for a month. I then sent a letter saying i had found work but on a different date ,( stupidly thought i'd get away with it ) and waited another fortnight(along with another payment) & then recived a letter off them asking me to fill in a form and asking why i had not informed them & saying my letter did not tally with the DWP date.

I have sent off the form they sent to me along with my income & expenditure & a letter explaining my circumstances in full & fully confessing that i had given them the wrong date .I want to pay the money back ( i have not spent the last 3 payments they have sent me) but did spend the first months HB (on rent rather than fripperies )

I have worked out that i owe that approx £780.00 and i am prepared to accept the consequences of my actions as i know i am in the wrong , and that it was a very dishonest thing to do . Infact i am deeply ashamed of my behaviour & can't beleive my own stupidety
so what i am asking is i know i can expect an IUC , but what will happen in the interview? Is it likely i will be prosecuted? I have not done anything like this before, and this was the first time i had ever claimed HB as well.
I also have the last 3 payments to pay back straight away .. and infact i have made attempts to do this by calling the over payments team but they have told me i need an invoice before they can accept any payment from me?

Can anyone who has been in this situation offer me any advice? I am worried i will be prosecuted as i have confessed? This is the first(and last) time i have done anything like this, and only the first time claiming benefits:o:o

cit_k

Did you get the advice not to tell the HB people from the DWP over the phone or in person?

If it was over the phone, there is a chance (not sure how long they keep recordings for though, or if they keep them all) that
it was recorded and kept on record.

If so, you could request a copy of all recordings of calls between you and the DWP within the rough time period of when you made the call and then if its available, you would have evidence they mis-advised you which (may) count as good cause for failing to inform.

Its a area I am not to sure about, anyone know any more specifics?

Indie_Kid

Regardless of whether the DWP will say "we'll tell them", you should've told them - don't expect others to do it for you.

real1314

What the DWP should or should not have done to notify HB became somewhat irrelevant when the OP sent a false statement to HB about the date they started work.

Potentially prosecutable, although likely to be an admin penalty I'd have thought; 30% to pay on top of the overpayment if it goes that way.

NickyBat

Generally when a jsa claim is closed HB are automatically notified (via system to system), having said that it i up to you to tell them and not rely on the DWP ( to cover your own back) BUT you have made it 10 times worse buy giving a false statement so the fact you never informed them in the 1st place is now irrelevant.
I doubt they will prosecute though, most probably you will just have to pay it all back.

Hammyman

stressed_out32 wrote: »

Can anyone who has been in this situation offer me any advice? I am worried i will be prosecuted as i have confessed? This is the first(and last) time i have done anything like this, and only the first time claiming benefits:o:o[/INDENT]

MY brother works in HB and does a lot of this. He says that it is far preferable for them to come to a repayment agreement than take it to court as it costs them money. The people you'll see are usually quite good at working out the genuine from the con artists. You've got the last 3 payments to give them and there hopefully will be phone call logs to say you've called.

As Corporal Jones said on Dads Army - "Don't panic Mr. Mainwaring".

Fridge3

stressed_out32 wrote: »

Hope someone can help with some procedures please... Earlier this year i was made redundant so signed on , and applied for HB (both were granted).. I then was successful in finding myself a job so signed off , and asked if the DWP would let HB know i had found work or would i need to do this. DWP said no its fine . We will inform them. Stupidly i took their word for this.

I initially did not notice that my HB was still being paid into my account as i had borrowed some money from my parents in order to cover myself for the first month so didn't check my account. I then realised that DWP had not informed HB team of my circumstances so i emailed them advising them of a change in circumstances. I did not hear anything off them , and left it again for a month. I then sent a letter saying i had found work but on a different date ,( stupidly thought i'd get away with it ) and waited another fortnight(along with another payment) & then recived a letter off them asking me to fill in a form and asking why i had not informed them & saying my letter did not tally with the DWP date.

I have sent off the form they sent to me along with my income & expenditure & a letter explaining my circumstances in full & fully confessing that i had given them the wrong date .I want to pay the money back ( i have not spent the last 3 payments they have sent me) but did spend the first months HB (on rent rather than fripperies )

I have worked out that i owe that approx £780.00 and i am prepared to accept the consequences of my actions as i know i am in the wrong , and that it was a very dishonest thing to do . Infact i am deeply ashamed of my behaviour & can't beleive my own stupidety
so what i am asking is i know i can expect an IUC , but what will happen in the interview? Is it likely i will be prosecuted? I have not done anything like this before, and this was the first time i had ever claimed HB as well.
I also have the last 3 payments to pay back straight away .. and infact i have made attempts to do this by calling the over payments team but they have told me i need an invoice before they can accept any payment from me?

Can anyone who has been in this situation offer me any advice? I am worried i will be prosecuted as i have confessed? This is the first(and last) time i have done anything like this, and only the first time claiming benefits:o:o

cit_k wrote: »

Did you get the advice not to tell the HB people from the DWP over the phone or in person?

If it was over the phone, there is a chance (not sure how long they keep recordings for though, or if they keep them all) that
it was recorded and kept on record.

If so, you could request a copy of all recordings of calls between you and the DWP within the rough time period of when you made the call and then if its available, you would have evidence they mis-advised you which (may) count as good cause for failing to inform.

Its a area I am not to sure about, anyone know any more specifics?

The issue isn't that the OP failed to inform. Rather it is he informed of a different date to keep money to which he wasn't entitled.

The advice of looking for evidence to the contrary is nothing short of advocating what the OP has done. And the fact is that is fraud.

fluffymovie

I work in HB also Hammyman and I would disagree with your brother. Court action is only taken in cases where we see a potential sentence but we can apply sanctions and admin penalties, all of which we have to IUC to apply.

The DWP system of telling HB is only as good as the people who input the data into the system and if JSA don't note that you on HB, HB aren't informed when your JSA starts or stops. However, I find it hard to accept that you didn't notice the money going into your account as you didn't check it? I dont fortunately have to pay rent but I am always checking my bank account to make sure that expected bills have been paid etc.

The overpayment will be calculated and the HB officer may well refer you for an interview, or they may not. Really depends on their resources, risk scoring etc.

Tigsteroonie

We were overpaid HB, because I started work mid-month and the HB had already been awarded for that period. When they realised (ie when the DWP notified them that I'd started work), they stopped our HB claim and simply sent an overpayment letter and invoice for payment of the monies due. This was in August. I emailed them and said we'd be submitting a new claim, and could they put the invoice on hold. They sent reminders, but I ignored them. We've finally had our new claim awarded, and they are deducting the overpayment from the moneys due every month.

So, based on our experience, I am thinking that your Council is unlikely to push you through IUC & prosecution without trying the simpler option of sending you an invoice for payment first.

Hammyman

fluffymovie wrote: »

I work in HB also Hammyman and I would disagree with your brother. Court action is only taken in cases where we see a potential sentence but we can apply sanctions and admin penalties, all of which we have to IUC to apply.

I guess your council must have a different policy than the half dozen my brother has worked at over the last 15 years or so ranging from Brent in the South to Durham in the north.

fluffymovie

Wouldn't think that it would be different HM as I have also worked at a number of councils and the law is the same everywhere but that doesnt really help OP so I will back out. Would say that my mate used to work in Fraud at Brent so may know your brother!!!