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Compliance Office Interview

Sam515
Sam515 Posts: 1 Newbie
edited 9 October 2014 at 1:04PM in Benefits & tax credits
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Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    edited 8 October 2014 at 2:23PM
    Where is the money in the accounts from?
    Does it only come from one source?
    Is your mother your appointee for benefits - or have you just given her the PIN/... and she buys you stuff.
    Do you do the paperwork regarding benefit claims?

    There are several problems here.
    First, is the possibility of a failure to disclose savings - if this was an uncomplicated case where you knew about it and just were not telling them - then in addition having to repay the overpayment, and penalty, and being sanctioned part or all of your ESA, criminal prosecution for benefit fraud is a real possibility.

    Secondly - if some of the expenses out of the money were 'unreasonable' and excessive - it may be considered as if you have more money than you actually do.
    For example - paying debts not legally owed.

    If someone else was dealing with all your paperwork and funds, then it is less clear and more problematic.

    You need to find a local solicitor knowledgeable in benefit fraud, and take them with you to the interview.

    While in principle, a lenient approach may be taken - it is quite possible that it will not, and you will find yourself facing criminal prosecution, which can include making you repay the 'gains' of your crime - all of the benefit overpaid - _IN_ADDITION_ to having to repay it to the DWP.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    Sorry - I'm trying to emphasise how important it is to get this sorted at an early level.
    While it's quite possible that all the people you will meet will be reasonable and understand your case, and maybe even likely, it could also go very wrong if they choose not to.

    An actual solicitor that understands these matters is very important - it's much easier to stop things progressing at this level by properly explaining them - than to have to appeal against a decision that's gone the wrong way.
  • TELLIT01
    TELLIT01 Posts: 18,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    A compliance interview is arranged if they believe there is a discrepancy between the information they hold and the reality of a situation. Simply be honest with them, don't go in there blurting out the first thing that comes into your mind. Allow them to ask the questions. If you are not clear what they are getting at ask them to explain in more detail.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 October 2014 at 8:30PM
    I know you are worrying but being honest is exactly the right thing to do. You are not a criminal and have done nothing from what you have said to indicate that you purposely claimed the ESA at the same time knowing you had savings which should have been declared.

    Two things that you need to think about.

    First of all, you said the social worker put you on benefits. Did she/ he complete the forms for you? Ask you about your savings? Tell you that you had to report any change in savings?

    Next, what do you mean about your mum using the money? Are the savings in your name? Where has the money come from? Is your mum your appointee?

    Your mental health is what is important. Keep calm. You are not going to prison. It will get sorted.
  • dippy3103
    dippy3103 Posts: 1,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    Is it compliance or is the interview under caution?
This discussion has been closed.
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