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Benefit Fraud interview with caution..help!

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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    allen35 wrote: »
    Depends on the circumstances, i would imagine they are guidlines, if you have wrongly claimed benefits once as the OP does, now know it is your responsibility to admit and repay, she will have the chance to admit her wrongdoings before DWP tell her what evidence they have, so, once again admit the lot and take the smack on the wrist.

    If what the OP says is true, it is an innocent error, hence a sanction is unlikely and a prosecution pointless (as no intent). Of course, I am being generous and giving the MSE benefit of the doubt. ;)

    I wholly agree that she should admit everything and arrange a repayment - I just can't understand why someone would suggest not turning up to the interview - crazy!
    Gone ... or have I?
  • melbi_uk
    melbi_uk Posts: 438 Forumite
    How to handle an interview under caution

    So, you’ve been asked to an interview under caution: what now?

    Don't ignore it
    Understand what the problem is
    Get help and advice
    It's really important to get an independent adviser or solicitor to help you with your case and represent you at the interview. An adviser can check whether you are entitled to the benefits or whether the case against you is weak. A solicitor can advise you about your rights in the interview which could become part of a criminal investigation. However, you might not be able to get all this help, either because you can’t find an adviser who can help you, or because you can’t afford a solicitor. So this guide aims to answer some of your questions, explain what help you can get and give you an idea of what you can do to help yourself.

    http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/
  • wearside_2
    wearside_2 Posts: 1,508 Forumite
    Cashback Cashier
    In my opinion you do not need help nor any advice. Just attend the interview, be open and honest with your answers. Take with you dates and details of any wages you have received and explain why you did not report the work.

    Remember in the future to read the declaration that you sign each fortnight at JCP. The clerks used to read it out but nowadays the onus is on the person receiving the Benefit to read it before signing and dating the form.
    To Dare is To Do:beer:
  • melbi_uk
    melbi_uk Posts: 438 Forumite
    dmg24 wrote: »
    Again, I am giving an informed opinion - your opinion is so unfounded that you keep changing it!

    No, I'm just trying to see it from both points of view.

    I haven't told the OP she won't be prosecuted as I don't know how much she earned.
  • CCFC_80
    CCFC_80 Posts: 1,289 Forumite
    melbi_uk wrote: »
    How to handle an interview under caution

    So, you’ve been asked to an interview under caution: what now?

    Don't ignore it
    Understand what the problem is
    Get help and advice
    It's really important to get an independent adviser or solicitor to help you with your case and represent you at the interview. An adviser can check whether you are entitled to the benefits or whether the case against you is weak. A solicitor can advise you about your rights in the interview which could become part of a criminal investigation. However, you might not be able to get all this help, either because you can’t find an adviser who can help you, or because you can’t afford a solicitor. So this guide aims to answer some of your questions, explain what help you can get and give you an idea of what you can do to help yourself.

    http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

    Excellent advice for anyone who is asked to attend a benefit fraud interview.
    dmg24 wrote: »
    We can all quote from websites! I can find you a link about teaching grandma how to suck eggs if you want? :rotfl:

    This isn't quoted from websites this is the general advice given that the DWP send you when they call you in for a benefit fraud interview.

    But as you appear to be more knowledgable then people that actually know about the subject then in your words it should just be completely ignored :rotfl:
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    melbi_uk wrote: »

    Some advisers say that if you can't get an expert in benefit fraud to go with you, it is better not to go rather than go on your own. This is because you may say things that might incriminate you. If you don't go to the interview, and the fraud section doesn't have enough information to decide if you committed fraud, it could mean that they have to drop the case against you..

    Surely you can only incriminate yourself if you have done something wrong?
  • wearside_2
    wearside_2 Posts: 1,508 Forumite
    Cashback Cashier
    I wonder how many people giving advice have actually any knowledge of Benefit Fraud Interviews under caution?
    To Dare is To Do:beer:
  • melbi_uk
    melbi_uk Posts: 438 Forumite
    wearside wrote: »
    The solicitor if present, will not be allowed to answer any questions. All questions are directed to you. Solicitors expect to be paid as they do not work for free. It is in my opinion an unnecessary expense.

    Be open and honest is the best advice you can be given.

    If you take someone for moral support, they cannot talk for you. A solicitor can.
  • Sixer
    Sixer Posts: 1,087 Forumite
    The OP states they have been signing on with the standard declaration about work for some considerable time, under the impression that one brief chat with an advisor on one occasion months before was sufficient to declare all future earnings while claiming, ever.

    This shows such a wholesale misunderstanding of what they were supposed to be doing, that I can't believe anyone is telling them not to take an adviser to the interview if they can!
  • melbi_uk
    melbi_uk Posts: 438 Forumite
    wearside wrote: »
    I wonder how many people giving advice have actually any knowledge of Benefit Fraud Interviews under caution?

    I have supplied information from reliable websites. I checked them out first by reading different Counties information on this subject, they all say the same.

    I came across many forums where people had asked for advice on the matter but didn't use any of those comments as they are nothing more than this forum where people offer advice which isn't always correct.

    Anyone can google information, what is important is to realise the source needs to be a reliable one and not taken from other forums as gospel
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