Interview under caution

cit_k

Think carefully, has their been ANY other change of circumstances?
Anything at all, that may have come to their attention?

hoobily

Not that I can think of. I called them in nov 2009 to let them know someone was staying with methem called again in feb 2010 to say he'd left them nothin from them thats why I sent in my payslips and tax credit notice cos I hadn't heard anything since feb 2010. It says on their notice that they will review the claims periodically and that I must notify them. Which admittedly I totally forgot but they never contacted me either x

GreyQueen

Hoobily, I work for a council and we have talks by our fraud officers about how they do their work.

By the time they invite someone in for an IUC, that person will have been under investigation for some considerable time, could have easily been a year or more. They will have worked out how much they think you have defrauded and have decided whether it's worthwhile to go ahead with the IUC, and possible prosecution.

They will believe that they have admissable evidence that you have committed benefit fraud and they will want to hear your side of events but, basically, they think that they already have you over a barrell and that they can prove fraud in court.

The caution is PACE 1984. The interview will be recorded on a twin-CD machine (you will get one copy to keep) and the other will be retained and may be used in evidence against you in court, should they decide to go that route.

You don't have to attend the council's IUC; they can't make you nor can they send the Police to bring you in. However, they will mention in court that Mr Bloggs was invited to explain himself at IUCs on such-and-such dates and declined to do so. The judge will draw an inference from your absence.

At this stage, you may have a chance to keep it out of court, to not get a criminal record and not see your name and photograph in the local newspaper.

Be very careful and very honest; I've read official transcripts of IUCs as part of my training and the things that some people come out with during interviews are beyond ridiculous.

hoobily

But I sent them all my stuff in in April and try said yes there is an overpayment and I'll pay it back at 'x' amount. I have said that I forgot to tell them and they didn't bother to contact me at all. I have een toally honest in telling them I forgot to let them know as I didn't think Childcare costs were counted for. Does this mean that I am going to get prosecuted then? It was am honest genuine mistake. Even more worried now x

GreyQueen

hoobily wrote: »

But I sent them all my stuff in in April and try said yes there is an overpayment and I'll pay it back at 'x' amount. I have said that I forgot to tell them and they didn't bother to contact me at all. I have een toally honest in telling them I forgot to let them know as I didn't think Childcare costs were counted for. Does this mean that I am going to get prosecuted then? It was am honest genuine mistake. Even more worried now x

I think that it's about more than that. Plenty of people have over-payments of benefit, some of which are caused by delay in processing changes in circumstances which the claimant has advised the council of, some of which are caused by the claimant forgetting their duty to inform the council, in writing, within for 4 weeks of a change happening. Sometimes the council is informed by DWP that Mr Bloggs is no longer getting XYZ benefit and will write out to the claimant for clarification.

These don't cause fraud investigations in most cases and, if there's ongoing benefit, they claw the overpayment back from the weekly entitlement quite happily, currently at £10.20 per week for HB overpayments.

Knowing the slow speed of fraud investigations (1 year + isn't unusual) I don't think something done or not done this April would see you being invited for IUC in early July.

Are you sure you don't have undeclared capital somewhere? Fraud investigators can get your bank statements from your bank. Banks can't tell you this has been done. Did you inherit some money and stash it somewhere? Have you done undeclared work? Have you had persons in your household whose presence you didn't declare? Have you non-dependants on your claim (i.e. kids) who've left education and started work? A partner you've not declared? Have you fabricated a rent liablity (i.e. pretending to rent from a relative to get benefit but actually living rent-free?). We've had people conveniently forget their own mother before now and put her down as their landlady and no relation.

It'll be something pretty serious to have triggered the IUC. A lot of people are being caught in data-matching exercises between DWP, HMRC, the local council, even DVLA. The council I work for runs its payroll against the other databases once a year. If a data-matching exercise throws up an anomaly, it'll trigger an investigation somewhere. Sometimes the council will lead, sometimes DWP, sometimes joint-working.

They think they have something on you which is serious enough to merit a criminal prosecution. Are you sure you don't know what it might be?

If not, I guess you'll have to wait until the day.

hoobily

It states on the letter that it's about increase in tax credits and Childcare cost have ceased. I told them I had someone stay like I said and my benefit stopped then got reinsated and I only have one job they know about no savings nothing at all that I can think of! My benefit gets paid direct to the landlord and there is only me living here. I'm so worried now.

GreyQueen

hoobily wrote: »

It states on the letter that it's about increase in tax credits and Childcare cost have ceased. I told them I had someone stay like I said and my benefit stopped then got reinsated and I only have one job they know about no savings nothing at all that I can think of! My benefit gets paid direct to the landlord and there is only me living here. I'm so worried now.

Hun, there's no point in worrying about what cannot be helped. You can go to the IUC and hear what they have to say and put your side of events. They can choose not to prosecute if you deal squarely with them. If you were a wrong'un and lied thru your teeth, or had a previous conviction for benefit fraud anywhere in the country, they'd go for prosecution for sure. Otherwise, they're less likely do take you to court.

Just answer their questions as fully and as honestly as you can.

iluvmarmite

Way to go GreyQueen!!! The OP was worried before, you have now made him beside himself no doubt. I personaly dont think there was any need for your post practicaly telling him he has done something seriously wrong, that he has been under investigation for maybe a year or so or he wouldnt have been called in for a IUC!

How do you know its not just a case of ommiting to tell about the child care costs? You are not a fraud officer you have just LISTENED to fraud investigators talking about their work and most likely in those cases they used the worst case senarios just to impress.

hoobily

Thank you iluvmarmite! I was thinking the same but also though that greyqueen was saying was I didn't want to hear. Feeling awful now but I will soon find out. Still terrified though x

hermum

hoobily wrote: »

It states on the letter that it's about increase in tax credits and Childcare cost have ceased. I told them I had someone stay like I said and my benefit stopped then got reinsated and I only have one job they know about no savings nothing at all that I can think of! My benefit gets paid direct to the landlord and there is only me living here. I'm so worried now.

Try not to worry, if you have done nothing wrong it will be easily sorted out.
Take all the paperwork with you that you have.
Remember that the investigators are ordinary people doing a job.
It is probably a simple mistake that can easily be rectified.
I had to go see the DWP a while ago, it wasn't an IUC but was an official something or other. Even though I knew I'd done nothing wrong it's still worrying.
It took about 5 minutes to sort out, one department not sharing information really.
Hopefully you haven't too long to wait for your appointment.