Benefit Fraud interview with caution..help!

Amanda_Adams

tcr wrote: »

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.

Thank you for your comments, but I have been honest. I have never been asked "have you worked in the last 2 weeks". I know the name of the person I see each time, and she always asks me the same thing "has there been any changes since we last spoke". I also do two voluntary jobs, and I told her about those too when they started. It has not been a case of "misunderstanding".
My weekly hours have been as low as zero and as high as 20. If as you say they will know all my hours anyway, they know I am telling the truth. My average hours a week is 4.
I am in the process of going through my bank statements and highlighting payments I have received, so these can be handed over to them along with the payslips.
I have applied for many jobs, all of which the jobcentre is aware, and I have been on all the courses as recommended by them.

A

Amanda_Adams

Blobby8 wrote: »

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 ?

20 hours was a one-off when the manager walked out, and I had to cover. The average amount was 4.
Are you suggesting I shouldn't have paid any tax?

Thank You
A

sueturnersmith

Amanda_Adams wrote: »

20 hours was a one-off when the manager walked out, and I had to cover. The average amount was 4.
Are you suggesting I shouldn't have paid any tax?

Thank You
A

Yes you should have paid tax, but you shouldn't have claimed JSA!

Sorry, but I think you have been a little stupid, and rather naive if you thought you were going to get away with this....

Sixer

Amanda:

* Every time you sign on, you are signing a "declaration" that you are a) available for work and b) have not done any work IN THE PERIOD (ie two weeks).

* You can work for up to 16 hours in hours in any one benefit week and still keep your claim open, but your JSA will be reduced accordingly - you keep £5 of what you earned, then the JSA is reduced pound for pound.

* You have broken the rules by a) not declaring work when you signed and b) in any weeks you worked more than 16 hours because your claim has been continuous.

It may be that when you declared this originally, some wires got crossed and the advisor either gave you bad advice, misunderstood what you were telling them - could they have thought you meant voluntary work or similar? - or thought you were declaring a one-off for that week only.

Either way, I strongly suggest, whatever some people say on here, you take an adviser with you to the interview.

poet123

Amanda_Adams wrote: »

Thank you for your comments, but I have been honest. I have never been asked "have you worked in the last 2 weeks". I know the name of the person I see each time, and she always asks me the same thing "has there been any changes since we last spoke". I also do two voluntary jobs, and I told her about those too when they started. It has not been a case of "misunderstanding".
My weekly hours have been as low as zero and as high as 20. If as you say they will know all my hours anyway, they know I am telling the truth. My average hours a week is 4.
I am in the process of going through my bank statements and highlighting payments I have received, so these can be handed over to them along with the payslips.
I have applied for many jobs, all of which the jobcentre is aware, and I have been on all the courses as recommended by them.

A

So, you didnt realise that meant you should declare fluctuations in (known) earnings/hours as a change?

tommix

Amanda_Adams wrote: »

Thank you for your comments, but I have been honest. I have never been asked "have you worked in the last 2 weeks". I know the name of the person I see each time, and she always asks me the same thing "has there been any changes since we last spoke". I also do two voluntary jobs, and I told her about those too when they started. It has not been a case of "misunderstanding".
My weekly hours have been as low as zero and as high as 20. If as you say they will know all my hours anyway, they know I am telling the truth. My average hours a week is 4.
I am in the process of going through my bank statements and highlighting payments I have received, so these can be handed over to them along with the payslips.
I have applied for many jobs, all of which the jobcentre is aware, and I have been on all the courses as recommended by them.

A

Not entirely sure, but when you sign on, are you not signing a declaration stating that you have not done any paid work in the last 2 weeks?

melbi_uk

Amanda_Adams wrote: »

Thank you for your comments, but I have been honest. I have never been asked "have you worked in the last 2 weeks". I know the name of the person I see each time, and she always asks me the same thing "has there been any changes since we last spoke". I also do two voluntary jobs, and I told her about those too when they started. It has not been a case of "misunderstanding".
My weekly hours have been as low as zero and as high as 20. If as you say they will know all my hours anyway, they know I am telling the truth. My average hours a week is 4.
I am in the process of going through my bank statements and highlighting payments I have received, so these can be handed over to them along with the payslips.
I have applied for many jobs, all of which the jobcentre is aware, and I have been on all the courses as recommended by them.

A

Amanda, when she asked you the underlined, what did you think she meant?

It seems you have got yourself in a right pickle but I do hope you manage to get it all sorted on Monday.

Sixer

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!

It's against the rules of this forum to call an OP a liar - openly or by implication. We are asked to take what people say at face value and I see no reason to either believe or disbelieve in the OP's naivety. Hence my saying "This is what the OP stated. It shows a problematic ignorance of what the signing on declaration actually is, therefore an adviser at interview would probably be a good idea".

She made a post asking for advice. The point of the forum is to give advice based on the information given. Spending pages of threads debating the honesty of posters and the morality of their positions is a) against the rules, and b) makes the threads less helpful to both the original poster and people with similar issues following along at later dates.

Amanda_Adams

sueturnersmith wrote: »

Yes you should have paid tax, but you shouldn't have claimed JSA!

Sorry, but I think you have been a little stupid, and rather naive if you thought you were going to get away with this....

Thank you for your comments. Yes, I probably am naive. I came to this site looking for some impartial advice.
I am not an intentional criminal, otherwise I wouldn't have informed the jobcentre what I was doing, and allowed my employers to pay money directly into my account. If I were doing anything underhand, I would not have informed the jobcentre, and I would have taken the option of "cash in hand".
Most people have been very helpful from a legal and supportive side, and I thank them for that.

I came to this site looking for advice on how to conduct myself at the interview etc. If you can give me any advice with regard to the interview/legal representation that would be great.
With Thanks
A

melbi_uk

tommix wrote: »

Not entirely sure, but when you sign on, are you not signing a declaration stating that you have not done any paid work in the last 2 weeks?

My daughter has just said to me, 'why do you think you sign'.

You are signing to say what you state above.

I think Amanda has just learnt a very hard lesson