Interview under caution HELP PLEASE

xJJ21x

Hello

Well we have recently had a complete mix up with housing benefit and council tax benefit.
Basically last year my other half got a pay rise but we were going through a really rocky patch in our relasionship and were barely talking and were just keeping ourselves to ourselves just staying together for our son.
Well he forgot to tell me about this pay rise as i deal with all the paperwork. Well we are back together now and have sorted things out.
Fast forward nearly a year later and im filling out our renewal form and fill it out with what i believe is correct.
Anyway im discussing the form with my other half when he said well that amount wont be right not with my payrise (news to me!!!) so straight away we go up to the council with all the pay slips from when the payrise started and my partner explains to them what had happened and that i didnt realise so now we are letting them no and providing them with the pay slips.
Well they stopped our benefit to calculate it all out and worked out our over payment (about £1500) and took that out off our current entitlement. Well they said that was it is was all sorted but now i have received a letter saying I have to go for an interview under caution and when i rang up she said it was regarding this overpayment. But we are already paying it back?? Its only me that has to go and im so scared. It was a genuine mistake and we came and told them straight away when we realised the mistake. Ive paid off all of the council tax overpayment its just the housing benefit which we are paying back.
Im so scared i havnt stopped crying it was a genuine mistake and we told them of the mistake I cant stop crying and worrying. I cant afford a solicitor and im not entitled to legal aid. Help please x

AnxiousMum

As an interview under caution is a 'criminal' law process, you would be entitled to a free lawyer at your interview. What they have done is settle a repayment schedule with you, but if you look over the paperwork, this does not stop them from trying to make an example out of you in the courts, and going through with prosecution.

However, as you went to them when you found the error - this should go in your favour with regards to prosecution. It's one thing making the payments back once you've been caught, another to let them know of the mistake and overpayment and start paying them back.

Was your partner living in the house with you? I don't understand - if his payslips have been taken into account for the overpayment, that would mean he was there, yet is he included on your claim for housing benefit/ctb? Was he there the entire time, and you were claiming as a couple? I don't understand why he is not being invited to an interview under caution as well.

rogerblack

From their point of view.
You diddn't report a raise in pay.

You got worried that you might have got caught when you got the new form, so submitted the old info, and pretended it was all a mistake.

Paying it back doesn't fix the dishonesty.

You need to tell them all the reasons why this isn't the case.
The breakdown in communications - are there any external witnesses?
The fact that you did all the paperwork - it'll be your writing.
Did you have a joint account?
If not, then not seeing the amount coming in per week increasing is reasonable.

As I understand it, especially with recovery ongoing, and a case as circumstantial as this with no clear evidence of intentional wrongdoing, with a relatively small sum, it's very unlikely there will be any legal action taken.
_do_not_ accept a caution.

brien123

My mother in law and father in law had an interview under caution last year - long story but along the same lines as you in that one had not told the other an important factor which affected thier housing benefit. When they got there they were asked for their side of the story and that was it - there was no court case or fine. Only my father in law was actually called in but my mother in law went with him but was not allowed to speak during the interview. Dont worry about it - go in and tell the truth. You wont get prosecuted as you went to them to point out the mistake. Make sure you take someone with you for moral support and you will be fine - good luck. Let us know how you get on, when is it you have to go?

xJJ21x

I have my interview on 28th april. I dont whether to go to citizens advice but I dnt really no what else they could already tell me. I no we did wrong but we did tell them as soon as we realised what we had done wrong.
I really dont understand why my other half hasnt got to go as I have only ever claimed with him. Maybe its because the money goes into my account not his. But its regarding his payslips so.
I have depression and this is making me feel so low even with my tablets because I just spend my whole day worrying about it. I really dont no whats going to happen to me and im really scared. Now i have to wait til 28th april to even have the interview. We have always told them off all our other changes etc I wrote down on our renewal which i though was correct and it turns out not to be but we told them and provided them with all the payslips they asked for. Im so scared whats going to happen to me? we need that money to live! x

[Deleted User]

might help to get some legal advice try community legal services
http://www.legalservices.gov.uk/civil.asp

xJJ21x

Thanks for all your replys. I no that I have done nothing wrong and that it was just a genuine mistake and a break down in communication between myself and my partner. Im just worried they wont believe me and I'll end up facing court or prison. x

UnderPressure

Hello

AS has already been said the best thing you can do to put your mind at rest is to try and get some legal advice but most of all DONT PANIC!

I know thats easy for me to say but seriously although a court case is possible it is highly unlikely and prison well forget that for a start they dont send mothers to jail that owe local authorities 1500 quid especially under circumstance such as these. Take a deep breath and try and put it to the back of your mind, try and enjoy easter and deal with this on the 28th, worrying yourself sick until then is not going to help anybody is it?

Who knows why they want to interview you, one thing is for sure you are not goin to find out until the 28th so until an hour before the interview try and forget all about it

I know these words are probably not of much help but the truth is nobody can give you an answer to your questions, we can say it is unlikely they will take you to court and we can definately say it is almost certain even if they did take you to court you would not be sent to prison but thats about as far as anyone can go for now.

As someone who also suffers from depression I know how things like this can quickly overtake your mind to the extent you literally think about nothing else every waking hour of the day, dont let that happen stay positive and belive in yourself, you know it was a genuine mistake, crikey if local councils and HMRC too everyone to court that made a genuine mistake they would be backlogged for years!

I hope that helps to settle your mind a little. Keep us updated and best of luck

viktory

xJJ21x wrote: »

Thanks for all your replys. I no that I have done nothing wrong and that it was just a genuine mistake and a break down in communication between myself and my partner. Im just worried they wont believe me and I'll end up facing court or prison. x

Like I said, you have done something wrong. Personally, I think it is really important that we face up to our mistakes and learn from them. Convincing yourself you've done nothing wrong does you no favours at all.

Be honest during your interview - and don't tell them that you've done nothing wrong.

B_Blank

Lawyers always tell me that "not knowing" is never a defence in law. I.E. You cant just kill someone and make a defence based around not knowing it was illegal. An extreme example I know, and I dont know how this would translate into this benefits case.

All I would say to OP is there is no point worrying about it. Just go to the interview and be honest and what will happen will happen.

Good luck.

rogerblack

B_Blank wrote: »

Lawyers always tell me that "not knowing" is never a defence in law. I.E. You cant just kill someone and make a defence based around not knowing it was illegal. An extreme example I know, and I dont know how this would translate into this benefits case.

This is not always the case.
For example - in benefits law - many benefits are means tested.
If you 'waste' money in order to be eligible for benefits - then if you don't know that the benefit in question was means tested, that is a defence.

If you have not been informed that you should inform the DWP about changes, that is a defence.

And you can use that defence about murder - diminished responsibility.