Benefit Fraud interview with caution..help!

tcr_3

IUC's aren't carried out by Compliance officers ... they only deal with low level fraud/irregularities. So this interview is being carried out by BIS (or BFIS, w/e they're called nowadays) ... Benefit Fraud officers. And from what the OP says, it's looking that they're out to get the OP on working & claiming

i.e. misrepresentation, misrepresentation by omission & failure to disclose employment & earnings

OP, you say you told a Job Centre person 6 months ago that you were working part time. But each time you sign on, they ask whether you've worked in the last 2 weeks ... "have you done any work, paid or unpaid, in the last fortnight ?" ... they don't just ask if your circumstances have changed. So if you're signing your coupon without explicitly telling them about your employment & earnings in the previous fortnight then you're clearly misrepresenting your position.

You'll find at the interview that they've got most, if not all, of your earnings details anyway. They'll have them directly from your employer on a form QB9 ... it tells them exactly how much you received in & when. They've perhaps even visited your employer and spoken to him about it. So they'll be able to say "you got wages on xx/xx/xx ... and 3 days later you signed on ... here's your signing coupon for that day with no work declared ... what do you say about that ?"

Now, from what you say, it's only 2 hrs here, 2 hrs there. If that were the case the fraud office wouldn't be too interested, they'd bounce the investigation back to the Compliance team ... the low level fraud people. There wouldn't be any need for a major fraud investigation, interviews under caution, solicitors being required etc if it were only a couple of hours here or there.

So as you haven't been honest with the Job Centre, I don't think you're being entirely transparent here on MSE either. It does sound rather like you'll be needing the services of a solicitor so you might want to think about that sooner rather than later.

melbi_uk

Amanda_Adams wrote: »

Just to clarify, most weeks I worked around 2 hours, many weeks I did no work at all. The most I ever worked was 20 hours as a one-off week when the manager walked out, and I had to cover.

I am on minimum wage.

At an average over the whole of the last 6 months, I have worked 4 hours a week. I shall fill the form in that I've been given, but I shall take all my payslips with me, and my bank statements for the same period.

I was just going to take a friend (a local Councillor) along for moral support.

Many thanks for your thoughts and comments, they are very much appreciated.

A

When you went to sign on did they ask if you had done any paid or unpaid work?

tommix

dmg24 wrote: »

You don't seem to understand the concept of lying by omission? If she chooses not to tell them about the earlier work, she is committing fraud because she is intentionally hiding it.

No one has said that she has committed fraud to date, but her actions at the interview could mean that she will have.

Good reason to have someone representing her i would have thought, the law can get mighty complicated, innocent or not.

poet123

melbi_uk wrote: »

How can she be lying if she answers all questions asked of her truthfully?

Now if they ask her if she has anything else to report, then that would be the time to tell them of any other work she has done!

It is entirely up to the OP if she chooses to tell them anything other than what they are asking.

As far as I am concerned the OP has not done anything she knew was fraudulent. When she told the JC they should have explained to her the process, it seems they did not! So she thought that has she had told them of the irregular part time work that everything was above board.

The OP did her part by telling them in the first place about the work she will be doing, at that point they should have explained the procedure for doing any paid work!

But very short sighted and potentially dangerous. If she gives details of work between the periods they are initially asking about, she will be doing so in the knowledge that there is an issue with this work per se. If she does not mention other periods of work, and those details come out (which they will during the investigation) then that will not sit well with the compliance team.

Oldernotwiser

Sixer wrote: »

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!

It rather depends on whether it's a misunderstanding or not, doesn't it? Seeing you're asked every time you sign on whether you've done any work, I hardly think that "misunderstanding" is the appropriate word!

melbi_uk

poet123 wrote: »

But very short sighted and potentially dangerous. If she gives details of work between the periods they are initially asking about, she will be doing so in the knowledge that there is an issue with this work per se. If she does not mention other periods of work, and those details come out (which they will during the investigation) then that will not sit well with the compliance team.

I never said it was right or wrong, I said at the end of the day it is the OP's choice as to whether she comes clean or not.

People can only advise her what to do, the rest is up to her. :beer:

Blobby8_2

Amanda_Adams wrote: »

The most I ever worked was 20 hours as a one-off week when the manager walked out, and I had to cover.

I am on minimum wage.

A

Are you saying you worked 20 hours on NMW ?
And that you paid tax and NI on that amount ?
And still claimed JSA ?
And that you think that is OK ?

melbi_uk

Oldernotwiser wrote: »

It rather depends on whether it's a misunderstanding or not, doesn't it? Seeing you're asked every time you sign on whether you've done any work, I hardly think that "misunderstanding" is the appropriate word!

Now then, I have just asked my daughter about the above underlined as she was signing on before and just after Christmas. She says she was never asked that question.

I'm quite sure all this is explained when someone first goes to sign on. Do they sign anything to say they have read and understood the rules of claiming JSA?

My daughter had a booklet provided by them where she had to write in what jobs she had searched, what jobs she had applied for etc.

Do all local JC's follow the same regime?

melbi_uk

Apparently you can work under 16 hours a week and still sign on. Any work undertaken has to be declared to the JC.

My daughter just said she was explained everything about claiming JSA.

It is looking more and more like the OP knew what she was doing. :-(

poet123

melbi_uk wrote: »

I never said it was right or wrong, I said at the end of the day it is the OP's choice as to whether she comes clean or not.

People can only advise her what to do, the rest is up to her. :beer:

Of course it is up to her, but to suggest it would be anything other than foolish to be less than upfront and honest is really not good advice.