Interview Under Caution for Undeclared Capital.

trixiedog

Please help. I have received a letter from the Housing/Council Tax section stating that I have to attend an Interview Under Caution for Undeclared Capital but I don't have any capital except approx £1,300 savings. The most I have had is £2,300 at any one time since I claimed. I live with my husband who is disabled and receiving ESA and DLA and my son who is also disabled. I receive Income Support and Carers Allowance as well as council tax benefit and housing benefit. I have tried phoning them but they refuse to tell me anything. I asked what their definition of capital is and they wouldn't even tell me that never mind anything else. I have no hidden isa's or savings or shares or bonds or property except the property we live in which has a mortgage. They pay the interest on my mortgage and have all the details of what is owing etc from my mortgage company. I have to my knowledge declared everything I have which isn't a lot. I have contacted the CAB who were not helpful and told me to contact a lawyer and to under no circumstances go in without one as this is extremely serious. I don't even know if I'm entitled to legal aid. I have an appointment with a lawyer tomorrow am but I can't afford to pay a lawyer to attend the interview with me. I am at my wits end. I don't know where they have gotten the information from. Surely the fact that this is my first ever interview and is Under Caution then this suggests that they have evidence of the "undeclared capital" but I genuinely have none and never had except that £2,300 tops which is well within the maximum. Any help would be gratefully received as I have not slept and have been ill since I received this letter.

mynameistallulah

Does your husband have any savings, or your son? Do you have any other property?

nannytone_2

had ypu tp;d them about the savings you have? even if theyre under the limit for claiming benefit, they still have to be declared.

if you hadnt told them about it, and they have found out ...

they may be womdering if there is anything else that you havent declared.

johnkat

My understanding is that you are allowed to have £6000 before benefits become affected. Is it the case that if you have more money in the bank than you did when you first put in a claim, then you are supposed to notify them? If this is the case then that is worrying, I had Zero money when I first put in my claim a few years back, now I have amassed about £1500. Am I supposed to let them know? I thought we were OK up to £6,000.

I'm sorry I can't be of more help to you, hopefully someone will be along who is a bit more knowledgeable.:)

johnkat

nannytone wrote: »

had ypu tp;d them about the savings you have? even if theyre under the limit for claiming benefit, they still have to be declared.

if you hadnt told them about it, and they have found out ...

they may be womdering if there is anything else that you havent declared.

Oh my lord, Is this right?:(

johnkat

I'm currently in the process of being migrated from IB to ESA, obviously if I fail the WCA, I will put in a new claim and delare the aforementioned funds on the new claim form. However if I am transferred over there wont be an opportunity to do this, as apart from the ESA50 which does'nt ask for a financial statement, there are no more forms to fill out and I just carry on..so to speak.

Should I phone the DWP and declare this money?

johnkat

Sorry, i seem to have hijacked your thread a bit.:o

mynameistallulah

johnkat wrote: »

I'm currently in the process of being migrated from IB to ESA, obviously if I fail the WCA, I will put in a new claim and delare the aforementioned funds on the new claim form. However if I am transferred over there wont be an opportunity to do this, as apart from the ESA50 which does'nt ask for a financial statement, there are no more forms to fill out and I just carry on..so to speak.

Should I phone the DWP and declare this money?

If your savings remain below £5,500, there is no need to update the DWP unless they ask. As long as they were declared at the beginning of the claim you are fine.

(This does not apply if you were only receiving IB, as this is a non means tested benefit.)

johnkat

mynameistallulah wrote: »

If your savings remain below £5,500, there is no need to update the DWP unless they ask. As long as they were declared at the beginning of the claim you are fine.

(This does not apply if you were only receiving IB, as this is a non means tested benefit.)

Phew, that's a relief..Thanks for that.:)

nannytone_2

johnkat wrote: »

Phew, that's a relief..Thanks for that.:)

housing/council tax benefit is different from an ESA50.
it has to be renewed yearly and specifically asks if you have ANY savings, not just savings over £6k

if you say you have no savings, rather than saying you do have savings, but are below the limit .... then it will obviously raise concern

skintandscared_2

I'm confused as to what the OP actually gets as their intial post says they receive housing benefit AND their mortgage interest paid?