Interview under cauition...HELP

adamantine

havent read this all but if you earnt under £20 a week then it wouldnt have affected your benefits anyway so i believe but you still needed to tell them about it.

i woulod get letters from your employers and any time sheets, pay slips or bank statements (though you will probably find they already ahve copies of the bank statements) and maybe advise the girl who told you not to inform benefits that she really ought to or she could be in your exact situation one day and it might be worse for her coz its been going on alot longer for her by the sounds of it!

muirbabe

Hi dlink10

Again, I should stress that I dont have any special knowlege, but if you have been honest with them, which you have and come to an arrangement to repay, which you have, and made at least one payment which you have, I would'nt have thought it would be in the public interest to prosecute over such a small amount.

You have made a mistake and are doing everything you can to rectify it.
I feel sure you will be ok.

That said Citizens Advice will be able to give you more specific advice.
Best wishes,
Muirbabe

ceecee1

Gosh there is a lot of rubbish on this thread...

You have been called in for an IUC - yes it is your decision whether or not to attend. No one can make you attend. BUT if you fail to do so, you will either be prosecuted for the offence, or the local authority may ask the police to become involved.

If you have only been overpaid £200 and you go to the IUC (which is a formal interview) it will take place on tape, everyone in the room will identify themselves for the tape and you will be asked questions about any work that you have done, and any income that you have had.

It is more than likely that they have this information anyway and you will be asked to confirm that the information that they have received from the employers is correct. You will then be asked for your reasons as to why you did not declare to the Local Authority.

After the IUC there are 3 options that the LA can take. If you fully admit working/income/failing to tell them, then for an amount of about £200 then you will be offered a caution. This is not a police caution, it remains on record within the LA and no one else need ever know about it. Its a bit like a slap on the wrist and makes you aware that you need to report any changes in circumstances in the future.

If you do not admit the work/income but the LA have proof that you had it, ie, information from the empoyer, evidence that wages were paid into your bank account, then you should be offered an administrative penalty. This is what could be termed a 'fine' and is an amount of 30% of the amount of the overpayment added on top of the amount which already needs to be repaid. Again this is kept 'in house' and no one else need ever know about it.

You have the right to refuse either the caution or the Ad Pen, if you do this then your case will be forwarded to the solicitors for possible prosecution in court.

dlink10

bobajob_1966 wrote: »

They need to get everything down in writing/ on tape, and if they do this in a formal setting it is a message to you that you have to be completely honest or they will take things further. There are people that will realise they are going to get caught and own up to a proportion of what they have done, thinking that the rest will be overlooked. This interview ensures the rest is not overlooked.

In terms of what to take with you, I would take bank statements for the relevant period plus a few months before (to show you were not receiving income at an earlier date), any payment slips you received (or a pay statement from the employer) and your ID. Take copies of these for yourself also.

I have sat in on several IUCs. I have seen claimants be difficult, and think they look good by staying quiet. They don't look so good when they are still there after two hours with the same questions being asked repeatedly. I have been to many more where people have been compliant, answered the questions and been out within half an hour or an hour at latest. I know which I would prefer.

Bobajob do you think it would be good if I get a solictor? I was wondering if my local housing trust can help?

dlink10

ceecee1 wrote: »

Gosh there is a lot of rubbish on this thread...

You have been called in for an IUC - yes it is your decision whether or not to attend. No one can make you attend. BUT if you fail to do so, you will either be prosecuted for the offence, or the local authority may ask the police to become involved.

If you have only been overpaid £200 and you go to the IUC (which is a formal interview) it will take place on tape, everyone in the room will identify themselves for the tape and you will be asked questions about any work that you have done, and any income that you have had.

It is more than likely that they have this information anyway and you will be asked to confirm that the information that they have received from the employers is correct. You will then be asked for your reasons as to why you did not declare to the Local Authority.

After the IUC there are 3 options that the LA can take. If you fully admit working/income/failing to tell them, then for an amount of about £200 then you will be offered a caution. This is not a police caution, it remains on record within the LA and no one else need ever know about it. Its a bit like a slap on the wrist and makes you aware that you need to report any changes in circumstances in the future.

If you do not admit the work/income but the LA have proof that you had it, ie, information from the empoyer, evidence that wages were paid into your bank account, then you should be offered an administrative penalty. This is what could be termed a 'fine' and is an amount of 30% of the amount of the overpayment added on top of the amount which already needs to be repaid. Again this is kept 'in house' and no one else need ever know about it.

You have the right to refuse either the caution or the Ad Pen, if you do this then your case will be forwarded to the solicitors for possible prosecution in court.

Hi I admit working but I didnt realise I would need to declare these earnings, some of them were as low as £20 per month honestly I didnt realise, how will I be able to admit what I have done? I know now it is very wrong and that I was wrong but commiting fraud was never my intention, I just dont know what to do I'm worry myself silly.

ceecee1

Then you just say that then. They will more than likely have your claim forms where you have signed a declaration that you will notify them if your income changes in anyway BUT without trying to make light of things it is only £200. No one will want to proscute you for £200 (unless you have done this before - and I guess that you haven't)

The investigators have to follow a code of practice which regulates the way that you are treated. Hopefully you will be treated with courtesy - I say hopefully because I dont know who the people are and in any organisation there are some types who think they are better than anyone else...
They are trained though to find out the truth and if they think that a person is hiding something then they might push and labour the point to get there.

At then end of the day if you stick to the truth you wont go far wrong.

hkminca

Bobajob - my friend didn't lie, I went to the magistrates court and therefore heard all the case and facts DWP put accross. I guess some people get off scott free and others don't - he was just very unlucky.

dlink10

Hey, just thought I'd update.

Had telephone appoinment with CAB were not very helpful and laughed when I told them my over payment was £200. They didnt recommend anything apart from I should attened the appoinment.

Got an appoinment with housing trust tomorrow, not sure what they can do for me but fingers crossed I hope they have more advice.

Been to my doctor and diagnoised with stress and panic attacks. Still not eating and having to force myself to gets drinks, oh i am so stressed