Interview under caution HELP PLEASE

diolch

nannytone wrote: »

that is totally different. it is 'intentional' fraud/
regardless of whether Hayley 'should' have realised is totally different to you friends decision to work and claim benefits at the same time.

I thought that ignorance is no excuse when considering a criminal matter. Otherwise, everybody would claim that they didn't realise that they had to tell the Council that they had inherited £200,000 twelve months ago - 'it's not as though it's mine, I didn't ask for it nor did I earn it'.

Didn't realise that having more money affected a means tested benefit - yeah!!

hayley1988

diolch wrote: »

I thought that ignorance is no excuse when considering a criminal matter. Otherwise, everybody would claim that they didn't realise that they had to tell the Council that they had inherited £200,000 twelve months ago - 'it's not as though it's mine, I didn't ask for it nor did I earn it'.

Didn't realise that having more money affected a means tested benefit - yeah!!

the term 'ignorance is no defence' is correct but the facts of the case will also be taken into account to establish whether a 'reasonable person' would have acted or not acted in the same way. TC is also means tested but they do not include student loans in their assessment and i think its easy to assume the same rules apply with housing benefit. When asked whether a loan from the bank would need to be reported to the housing benefit my interviewer wasn't sure of the facts and basically said that if it was a loan for £16,000 and you held onto that money then yes you would need to tell them, but that is different to getting a loan as that is having £16,000 of savings in your bank account, so it would be different if i had a loan from the bank and spent it straight away?
i never recieved any reclaim forms since being a student and would never have hid the fact i was a student. Whereas your friend worked and didn't tell them, they would have specifically asked him whether he was working and he would have witheld that information, the fact it is called jobseekers allowance is pretty obvious and he would not have been on the books and paying taxes which would be also be an aggravating factor, a 'reasonable person' would have known they were intentionally defrauding. My situation is a little confusing, i wouldnt have to inform them about a £10,000 loan from the bank but i would if i was getting a student loan, even though other benefits don't include it, whilst i accept i could have been more thourough in my checks and that it was my responsibility i think that a 'reasonable person' could have become a little confused and in my opinion that is different to the facts of your friend's case.

hayley1988

xJJ21x wrote: »

Thanks for your post back about how it was hayley. Unfortuntuly i dont have a solictior to take i couldnt find 1 that didnt charge and when i tried to get an appointment with CAB they told me it would be week sor to travel agess out of my way and with an 18 month old and no car thats just not possible. I didnt want to delay the interview as i just want it over and done with. I cant stop thinking about it and its consumed my mind!

Im already paying back the overpayment on mine but when i rang up they told me it was to do with that money but from other peoples comments im now worried its something else although i dont think ive done anything else wrong. ive told them about all other changes etc even struggled by whilst they suspended my benefits to work out changes as to not cause an overpayment.

My depression has got 10X worse since this but im to scared to go back to the doctors incase they increase my dosage of my tablets which i really dont want. I dnt no what they will think of my explanation but its the honest truth and i cant tell them any more than that! Glad your interview went ok hun x x

thats ok, wish you luck and hope your interview goes well, let us know how you get on and try not to worry. the fact that you are paying the money back will go in your favour and i don't think they would bother taking you to court

pipk62

hayley1988 wrote: »

by the way i'm going to have a solicitor with me as you are entitled to free legal representetion when it is an interview under caution and they will brief you before hand on what the council have against you and will stop them bullying and intimidating you, so i would look into it if its still an option for you.

There are some pillocks on this forum.

You have said that you're going to have a solicitor with you, and that part of a solicitors duties are to prevent bullying and intimidation, yet some read this as you are expecting that, when all you were doing was trying to give words of comfort to someone else.

I wish you both the best.

UnderPressure

Yeyyyyyyy Hailey brilliant news Thanks for coming back and letting us know all went well I am really glad to hear that

All the best

PS:
Now you have found the forum why not have a look around theres some great people and forums here