Help with ESA

MoneysavingMummy_2

Hi There,

I realise this may seem a bit long winded but ive trawled and searched numerous internet sites all night for a friend. Basically her husband is very ill ( has a heart condition with only 30% of his heart working ).
He is claiming ESA just him as a claimaint its not a joint claim and has today recieved a letter informing him that he must attend an IUC. She works 20 hours a week and recieves no benefits shes not entitled too, Child benefit, child tax etc.

She's a little worried because some weeks shes actually worked over the 20 hours if a few extra hours have become available and is worried the letter is due to this. (I realise some of you may begin to judge her for doing the odd overtime hour but with 7 kids and a very poorly husband she had little choice. ).

What she really wants to know is Would the Fraud officer legally be allowed to check Bank accounts at the claimants address even if not in the claimants name, For example the claim is in his name can they check her bank account ?
And how much information about her can they use in his IUC. She has had no warning or been asked for permission they just are very confused as to why HE needs an IUC and what is going to be presented to him. She has had no such letter to say its her interview as shes not on any benefits.

Any help would be much appreciated.

iluvmarmite

My neighbour was claiming IS and her husband was working, they had separate bank accounts, different banks, she was called in for an IUC twice, the second time they had her husbands bank statements printed out in front of her on the desk, so yes they can, and do legally check partners accounts even if they are separate.

The husband will be the one called in because it's him claiming the benefit, she is not so she won't have to go in at all, he is the one who they believe is committing fraud (if that is the case, although I don't know of any other reason someone would get an IUC, I could be wrong though).

Do you know if he is getting income based or contribution based ESA, if it's contribution based then his wife can work as many hours as she likes, if it's income based then they are going on household income and expect the working partner to support the non working one.

Also they will have got in touch with his wife's employer to find out how many hours she has worked and when. They will have some evidence to prove an IUC is needed, they don't go into it lightly.

princessdon

I agree the question is

Is he claiming Contributions Based or Income Based?

If Income Based and his wife's income goes over the eligible part then this could be why.

anmarj

or it could be that he has not told them about her working if it is the income based esa

atrixblue.-MFR-.

he needs to know his legal rights in the iuc.

he has to turn up no doubt about it, but it is upto them to prove there is fraud.

the IUC is a information gathering excersize in the hope that information is divulged to them but also they have some sort of evidence there to ask him to attend a UIC but its not conclusive evidence.

he can if he wishes attend with a solicitor or any other reprasentative he chooses.

he can confirm his name address and NINO to them and then reply no comment to all questions put forward, if there is something wrong with their facts he can reply to set the record straight. he can leave at anytime during the interview he is not under arrest they have no powers to detain.

von

If he is receiving Cont-based ESA his partner working will not affect the amount in payment but if he is receiving Income-Related ESA his partner can work up to 24 hours per week on average and be included on his claim but any earnings over £20.00 per week will affect the amount he receives.

So the questions is: Is he receiving Cont-based or Income-based ESA?

By the way if they do what atrixblue suggested the chances are that his claim will be referred to the Decision Maker who will decide that on the balance of probabilities he is guilty of whatever they think he has done. Basically he is required by Social Security Law to provide evidence to support his claim, if he does not supply the information they require they will stop paying him.