Interview Under Caution for Benefit Fraud investigation

Mojisola

Mumof1littlegirl wrote: »

And if the fact I've ben naive and a bit stupid is classed as a crime, well I will just have to take it on the chin and accept my punishment. And pray that they take into account that I have a small child.

It isn't a crime to have allowed your ex to still use your address - it might make them more suspicious but just explain the situation as you have above.

RAS

Mumof1littlegirl wrote: »

I'm going to claim naievity, and that I didn't realise I was committing fraud by doing so (which is the truth

Please do not do that!!!!!!!!!!!!!!!!!

You must not admit fraud. That leaves them no option but to take action against you.

Tell them the truth about the facts.

Explain that you allowed ex to keep is mail there as he was flitting between two addresses. You have now asked him to remove your address from the accounts.

Explain that ex has to visit DD at your home because of her health issues.

Leave it at that.

Answer any other questions truthfully but do not volunteer information. The most common thing it for them to be silent and wait for you to fill the space with confessions.

FBaby

And if the fact I've ben naive and a bit stupid is classed as a crime, well I will just have to take it on the chin and accept my punishment. And pray that they take into account that I have a small child.

Whoever reported you wouldn't know that he was still receiving mail at your place surely? So they must have had other reasons to believe you are still in a relationship. It could be that they just said they saw him coming regularly, nothing more than that, but then doing the check linked you to him, or it might be that they reported something more compromising, even lying.

I would wait until you hear what evidence they have to argue it, rather than just saying you were naive without even knowing what you are accused of. In the meantime, surely you can gather any informationthat supports that he does live elswhere and in a relationship with someone else.

ampersand

OP - you may not be aware that RAS is an outstanding mser, in terms of measured advice, soundly written, accurate to a fault and well-presented.

I am very glad you have that post to re-read.

Again I say printing this Thread out and having it with you, also for investigator to refer to, is a 1st-class piece of armoury.
Again, it's really important to highlight this from your post:
I'm going to claim naïvete, and that I didn't realise I was committing fraud by doing so...

I'm just hammering home RAS's points - especially
'You must not admit fraud. That leaves them no option but to take action against you.

Tell them the truth about the facts.'
and -
'Answer any other questions truthfully but do not volunteer information.Can't over-emphasise this one The most common thing is for them to be silent and wait for you to fill the space with confessions.'

This is the tactic of all great interrogators, notably the recently deceased [Sir]David Frost.

I'm glad you are finding the strength of this site, which was Martin's founding principle.

spacey2012

You can fill the whole interview with silence if you want, as soon as your rights are read.
Those in the know, usually do this and many solicitors will advise you to stay silent.
The misnomer that this suggest guilt is rubbish, they work on evidence, not suggestions and they only question to obtain evidence to their benefit.

skintandscared_2

I would let them do all the talking and just respond to direct questions they ask. You have no need to say anything else.

mum2one

Have you made any progress to get his address changed, I would get that started.

I know we're virtual, but youve got a lot of support on this thread, please be strong, you have a daughter that needs you xx

chigley

spacey2012 wrote: »

You can fill the whole interview with silence if you want, as soon as your rights are read.
Those in the know, usually do this and many solicitors will advise you to stay silent.
The misnomer that this suggest guilt is rubbish, they work on evidence, not suggestions and they only question to obtain evidence to their benefit.

I have interviewed people in front of a solicitor where they have been advised to go 'no comment' and then at the end of the IUC, when the tapes have been switched off, they often want to say something - which by then is TOO LATE. So its not always a good idea, particularly if you want to say something in mitigation.

benefitbaby

Stay strong and remember that the DWP have to prove beyond a reasonable doubt that you acted in a dishonest way, with intent. that is a high threshold to meet.

Solicitors aside (there is no legal aid funding for interviews under caution at a jobcentre) you should contact your local welfare rights agency (some CAB have benefit specialists) as they can advise you... take a friend or family member to the interview with you and try to stay positive xx

HappyMJ

Mumof1littlegirl wrote: »

I'm feeling physically sick with worry tonight. I've been trawling through the forums etc all evening and found an awful story of a poor woman with 2 kids who was in a very similar position to me, and the DWP didn't believe her, stopped all her money and have gone for prosecution. She's not been able to pay her rent and bills and is being evicted from her home. She's got bailiffs on the doorstep wanting money all the time and she's having to feed her children toast everyday. She's now on antidepressants and is having anxiety attacks. The DWP assumed she fraudently made a claim in the first place and are taking her to the cleaners. And she's now going to be homeless with her children.

What if that happens to me? Why should they believe me? They won't care if I say I'm telling the truth, all the evidence will prove otherwise because of my naievity.

I haven't eaten since yesterday and I'm very tearful. I keep ringing solicitors to see if I can get any help but they either don't bother ringing me back, or tell me they can't help unless I pay.

To top it off I have health visitors coming next week also in regards to my daughters health problems, and also her first physiotherapy appointment coming up, and I can't even focus on it all coz I'm so worried and upset.

I can't even find any solicitors that will give me just 20 minutes of advice over the phone. Ughhhhhh

There's no need to worry. Your ex doesn't stay at yours. Say that...be firm with them...tell them to visit your house if they want...unannounced at any time if they think you'll hide him and his stuff if they make an appointment.

Really stop worrying it'll make you ill and we can't have that.

If you don't want to go then don't go. If they go for prosecution you'll get all the legal aid you need and your defence looks quite good.