Interview Under Caution for Benefit Fraud investigation

Mumof1littlegirl

Post deleted.

ilikewatch

I'm no expert, but am sure someone who is will be along soon.

On the face of it, from what you've said in your post, I can't see that DWP would be able to show any strong evidence that you and your ex partner are living together as husband and wife, though I would suggest that you ask him to immediately change the address for any official communications so that they don't come to your house - I would assume that the credit reference agencies still record him living at your address, and this would probably be enough to trigger alarm bells with DWP/LA.

If I were you I would be far more concerned about your other income (if it is undeclared):

Mumof1littlegirl wrote: »

my parents have been also giving me a small amount of money monthly

Especially if this money has been transferred using a traceable method, such as standing order

MEM62

On the basis that the reason that you have been called for the interview is not stated you are guessing as to what their concerns could be. What meaningful advice are you expecting from a lawyer or the CAB when you cannot tell them the reason for the interview?

If you have done nothing wrong then you have nothing to fear. Don't stress yourself out with what if's and maybe's. Turn up, find out what it's all about and be honest.

Housing_Benefit_Officer

Tell the truth as per your first post - give them the name and address of his Mother and his new partner if you know it.

Try and get him to remove your address from any of his documentation.

He is no longer with you and has a new partner so there is no need for him to have anything registered at you address.

In all probability a Data Matching Exercise has found him registered at your address.

If you are not colluding with your former partner to commit fraud then you have nothing to worry about.

pmlindyloo

Here is a very useful overview about interviews under caution.

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

This must be taken seriously and you will need some specialist advice.

The website is out of date as regards legal aid and legal representation as this has all changed but none the less is very useful (IMO)

I disagree about going to CAB because you need to ask them (at the very least) where you can go to get some free legal advice since Legal Aid is no longer available.

I do not mean to worry you because, as already said, you just need to be honest. However, you will need advice as to what evidence is relevant and, IMO, someone to represent you if possible.

Yes, you cannot be sure what it is that you are being interviewed about but your legal representative will present your case based on evidence that you are entitled to your benefits.

HappyMJ

Mumof1littlegirl wrote: »

I'm scared that I'm going to end up in prison or something and have to leave my daughter because I simply don't have any proof to back up my case.

Well that never happens...you could be as guilty as anything and they would never put you into prison. They wouldn't even think about it.

You don't need proof...they do. If there is enough doubt then you are not guilty.

spacey2012

I can give you some advice, it may not be what you want to hear.

Most cases are based on informant evidence, someone close to you has informed them (grassed) based on this they will ask a set of fishing questions to establish the information, they usually have to do this because the informant is known to you and will not testify in court so without your conformation they have nothing, this person befriending you may still be feeding information to them including your reaction to the investigation .
You do not have to answer the questions in the interview or even turn up for it and if you do attend and chose to ignore the caution that you have the right to silence then any answers you give will become evidence for a prosecution.
Thinking you can sit down and explain this is all a mistake will not help, only answers which strengthen their case will be put forward as evidence and put on the side of the scales as proof.
If they reach a certain level of evidence they will charge, if they do not they won't
They can not stop benefits for refusing the interview, they can but this can be overturned.
The interview is just one process in the investigation and attendance is voluntary.


You know they have driving licence and car insurance as evidence and you should also work on the basis that they have at least two weeks surveillance evidence of house visits, people arriving and leaving and at what time.
This does not have to be made clear to you at the time of questioning.

If you refuse to answer questions, you do not incriminate yourself.
You are not entitled to legal aid for any voluntary interview , so refusing to answer questions leaves them with three choices, either charge as they have enough already, drop it, or request the police arrest and question, which then does entitle you to legal aid and a solicitor.

Those in the know, tend to push them for option 3

If your EX is not living there allowing him to use your address to save a few quid on car insurance and such is extremely foolish indeed and must be stopped immediately this day (every day counts) even if you have to call these companies yourself to tell them he does not reside there.

My advice is, if you have done nothing wrong, go and answer all the questions.
If you have, use your right to silence or consider owning up at the earliest opportunity.
The choice is yours

Mr_Incredible

tell them you want to know what the reasons are and what you are being accused of before you will come along.

Sounds like an awful breach of human rights

Housing_Benefit_Officer

Cash gifts from relatives are disregarded as income.

Dunroamin

Mumof1littlegirl wrote: »

Hi there. I am looking for some advice, and no bashing please.

I'm a mum of a 14 month old baby girl, and am claiming housing benefit, income support and council tax benefit.

Last week I had a letter from the jobcentre fraud investigation service stating that they are conducting an investigation into alleged criminal offences in relation to a claim to benefits. And that I have to go in for an Interview Under Caution next week.

They have not stated in the letter the reason, or what they suspect, but I can only assume its because they think my ex partner (and father of my child) is living here.

Basically the situation in brief...

I split with him whilst I was pregnant after we had lived together for a year. I had no choice but to claim as I obviously couldn't work and had no income. I have NEVER claimed anything in my life before (I'm in my 30s), and have never been in trouble for anything. Unfortunately he has turned out to be a bit of a loser, and although he is working 3 days a week, he still really has no fixed abode. He stays with his mum sometimes, but mostly stays with his girlfriend.

Because of this, a lot of his important documents...eg, driving license, car insurance etc...are all still registered in my address, although its actually very rare I receive anything for him as he does most of his stuff online & paperless.

The lease of my house is solely in my name, and every single bill is in my name solely too. He does not contribute money to my house in any way.

He does come and visit his daughter regularly here at my house, as she is quite poorly with some ongoing problems and I won't allow him to take her out at such a young age.

We have remained amicable for the sake of our child, and he wants to play an active role in her life, which I would never try to stop.

So obviously, I have some real concerns now....as he may have been seen here regularly at my house, his mail is still registered here, and unfortunately he can't provide mail in any other address.

The only proof I have is that I pay all the bills here and you can quite clearly see by my bank statements that I am not in any way living a lavish lifestyle. Infact I am broke, and my parents have been also giving me a small amount of money monthly to pay off various debts that I'm still in from a few years ago (which can be seen paid into my bank account and then literally going back out again).

I'm very worried, as I've heard the dwp are in no way understanding and believe you are guilty straight away.

I have rang some solicitors but do not qualify for legal aid unless it goes to court, and can't afford to pay a solicitor. I am visiting Citizens advice bureau this evening for some advice. But I know it doesn't look good.

Does anyone know where the law stands with someone still using my postal address? And can the above be used as solid evidence to prosecute me?

Also any advice about handling the interview under caution? I'm a good honest person and have never even so much as had any kind of caution or interview of this manner.

I'm scared that I'm going to end up in prison or something and have to leave my daughter because I simply don't have any proof to back up my case.

Please help.

Why isn't he supporting his child?

It may seem rather odd that his post goes to his ex girlfriend's house rather than his current girlfriend's - is there a reason he does that?

nannytone_2

the DWP conduct an interview under caution when they have already gathered evidence that they feel needs justifying.
they will already have information and not just be acting on something they have been told ( they may have been told something, but would have already looked into it and gathered 'evidence')

they will not tell you what they wish to question you about before the interview, so asking what it is about would be pointless.
apart from the issues with your ex, i agree that the money your parents give you is a bigger issue.
the fact that you have money paid into your account ( regardless of where it comes from or who pays it in) is problematic. it is irrelevant what this money is used for, the fact that it is 'extra' moneyon a regular basis that isnt declared, will set the alarm bells off.

you need to be totally honest as the chances are that they already know the answers to the questions they will ask you and are just looking for you to confirm the information they have or to give them a suitable explanation.
if you lie or attempt to deceive them, the outcome will be worse