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DWP interview under caution

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  • sniggings
    sniggings Posts: 5,281 Forumite
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    Cornucopia wrote: »
    What's the relevance of US law here?

    we have the same right here, not have to talk to the police without a lawyer, which is the same here as in the USA, so the points in that video are just as relevant here as it is there...but if you need me to tell you that there's no helping you, you are probably the stupid person the police officer talks about in the 2nd video :rotfl:
  • sniggings wrote: »
    no the police will not arrest you on the say so of DWP but only if the police want to, so if the DWP really want to talk to someone and the police don't want to get involved then it's not going to happen and even if it does, with your blanket you also get the right to stay silent, so again the DWP can not make anyone talk if they don't want too.

    DWP dont need the police to arrest. Infact, its pretty rare that DWP get the police involved, as they have all the powers they need to deal with these matters themselves.

    DWP can issue a summons if they have enough evidence and the matter will go straight to court.
  • Morglin
    Morglin Posts: 15,922 Forumite
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    ArtoDeeto wrote: »
    Sounds like this discussion is a mountain out of mole hill to me. You don't have to go as you are now signed off but it is obviously a possible benefit fraud enquiry. If you are 100% in the clear ignore it - if not it is like one of those old 20 year DNA cases that catches up and you could end up banged up for defrauding the taxpayer - in 2023...

    Personally I would just go and clear it up.

    If the claimant doesn't clear it up now, it will be held on file, if the DWP don't wish to pursue it now (which they can, if they suspect past fraud, claiming or not), and the next time ANY claim is made, for anything, this will be pursued before any benefits are paid.

    It really is best to sort it out now.

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
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    DWP dont need the police to arrest. Infact, its pretty rare that DWP get the police involved, as they have all the powers they need to deal with these matters themselves.

    DWP can issue a summons if they have enough evidence and the matter will go straight to court.


    They can do this without interviewing, the fact they have not would suggest they do not have enough evidence of wrong doing.
    Which if this is the case, it is best left there.

    All UK citizens have power of arrest, the police just have power of detention.
    Be happy...;)
  • tomtom256
    tomtom256 Posts: 2,252 Forumite
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    edited 10 February 2014 at 7:30PM
    spacey2012 wrote: »
    They can do this without interviewing, the fact they have not would suggest they do not have enough evidence of wrong doing.
    Which if this is the case, it is best left there.

    All UK citizens have power of arrest, the police just have power of detention.

    They can do this without interviewing if they have the evidence. They shouldn't be interviewing without sufficient evidence anyway.

    Same goes for LA's aswell.
  • spacey2012 wrote: »
    They can do this without interviewing, the fact they have not would suggest they do not have enough evidence of wrong doing.
    Which if this is the case, it is best left there.

    All UK citizens have power of arrest, the police just have power of detention.

    Its not as simple as saying all UK citizens have a power of arrest, as there are only specific circumstances that power of arrest can be used. https://www.askthe.police.uk/content/Q508.htm

    Its not only the police that have the power of detention, other government departments do as well such as Border Force.

    If DWP have enough evidence and the OP dosent turn up for an IUC, then they can just issue a summons.

    Personally, I wouldn't bury my head in the sand in the hope it will all go away.
  • When making the decision to attend an IUC, always consider what the caution says.

    "You do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence."

    The clue here is twofold.

    1) You don't have to say anything. If you don;t have to say anything, why bother attending.

    2) If you do not mention when questioned. If you don't attend you can't be questioned, so your failure to mention something cannot be held against you.

    IUC only occurs if they are fishing for evidence. Don't be the bait, or the fish.

    This is not legal advice.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    BenefitMaster, this thread is from February - I expect the OP has had their interview long before now.
  • Morglin
    Morglin Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    When making the decision to attend an IUC, always consider what the caution says.

    "You do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence."

    The clue here is twofold.

    1) You don't have to say anything. If you don;t have to say anything, why bother attending.

    2) If you do not mention when questioned. If you don't attend you can't be questioned, so your failure to mention something cannot be held against you.

    IUC only occurs if they are fishing for evidence. Don't be the bait, or the fish.

    This is not legal advice.

    No, but, if the OP doesn't attend,the next time any benefit is claimed, it will be nothing but hold ups and chaos.....:wall:

    Benefit procedures are different to criminal law.

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • BenefitMaster
    BenefitMaster Posts: 641 Forumite
    Morglin wrote: »
    No, but, if the OP doesn't attend,the next time any benefit is claimed, it will be nothing but hold ups and chaos.....:wall:

    Benefit procedures are different to criminal law.

    Lin :)

    Not true - I've been there and done it. My next claim was a few weeks later, and was approved without issue.
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