Interview Under Caution Urgent Advice Needed!

trona40

Hello all,

I am new to the forum and have used the site many times before, but have now found myself in desperate need for others advice and opinions on my situation.

First I should go into more information about this topic, I received a letter asking me to attend a interview under caution at my local council office, as they are investigating my benefits. The letter was sent by the Department of Work and Pension's not my local council however.

This story starts a year and a half ago from the time i write this, give or take a month or two, where I was asked to go to a interview at the local job center for a Customer Compliance Interview. At the time I was signing on JSA and get DLA as well as a private pension (more of this is detailed below) the interview was conducted as I failed to alert the DWP of my pension, as I had no idea I had to tell them about it and did not mean commit any form of fraud! At the interview, I was asked by the person interviewing me to send various evidence to her office regarding the pension and then hear back later from her. So i gathered what she asked for (information about payment dates etc) and sent it. I then found work and signed off JSA immediately and did not hear anything about it again. I then worked for a short period and was then signed off due to illness and began claiming ESA until I got my letter to attend a medical (another story for another time) and later had to sign on JSA

I recently moved from JSA to ESA work related activity group after a long struggle with DWP (a story for another time again) and was awarded my ESA. I also do "Permitted work" where i work between 6 hours and 15 hours a week at a local shop, for therapeutic work in order to get me back in the way of working, as i suffer from severe depression and anxiety. The DWP are all completely aware of this permitted work, I sent my payslips etc and do everything to the letter. I also recieve DLA lower mobility and care component and a council tax reduction, I have a mortgaged home so do not receive housing benefit and I also receive a private pension from my late husband as mentioned above. The pension itself is very small and this time I alerted the DWP about it and exactly how much I was getting (around £30 a week)

So now I have detailed a little about any income I get, its easy to say my situation is more complex than a lot of other people. Anyway, as soon as I seen the letter, I phoned my local CAB, who have yet to respond to me, and then phoned the number on the letter in order to discuss what this IUC is about. The woman on the phone told me the interview was to see about a pension I was in receipt of. I then told her that I have alerted the DWP about it and was told that any other information would be discussed at the interview.

So now I am panicking that there is a mix up or that I am going to go to jail for fraud I did not even mean to commit! The worst of it is, I have a letter from the department when I was still on JSA saying that they are aware of my pension, so I have no idea what this is about. Possibly the information did not transfer with the switch from JSA to ESA after my tribunal?

I have no idea what to do, and I can't sleep or think worrying about this situation.

Can someone please help me make sense of this? I do not know what else to do. If any of the information is unclear I will respond to any questions.

Thank you

baza52

I would have thought this is a follow up on the interview a year and a half ago.
Its possible you have an overpayment from then.

That's just my thoughts so don't assume I'm correct.

Poppie68

All you can do a this point is attend the interview armed with the paper work that mentions your pension, it should of been disclosed to the DWP for both JSA and ESA but would only effect the claims if they were income related.. If the letter proves they were made aware of it then you should be ok.

Edit.. Apologies just 're-read your post....Pension disclosure on ESA claim only, the problem will probably be an overpayment on your JSA.

FBaby

Most likely it is is indeed a follow up from the previous claim as you seem to agree that there would have been an overpayment then for failure to declare the pension. How long did you claim JSA whilst receiving the pension then?

Diary

On the information you've given you aren't going to prison


The worrying bit in your post is that you were unaware you had to tell them of your pension. When claiming benefits you must tell DWP about any income you get - this is very clear on claim forms. You don't come across as not able to read and understand those benefits you claimed so I just wonder why you chose to keep extra income from them. A person doesn't have to be familiar with the mire that is the benefits system to read the forms and leaflets.

Anyway despite my post you aren't going to prison and I think it highy unlikely you'll be prosecuted in any way.

antrobus

trona40 wrote: »

......At the time I was signing on JSA and get DLA as well as a private pension (more of this is detailed below) the interview was conducted as I failed to alert the DWP of my pension, as I had no idea I had to tell them about it and did not mean commit any form of fraud!...

It's quite simple really. You failed to disclose a source of income whilst claiming means tested benefit. Prima facie that would be fraud by misrepresentation, which is a criminal offence. Therefore every time the authorities want to talk to you about any issue arising from that fact, they have to interview you under caution, so that you are aware that anything you say may be taken down and given in evidence etc.

It's for your own protection.

A_Flock_Of_Sheep

Who is interviewing the DWP and Atos under caution with regards to lies and misconstrued "facts" which are frequently found on disability medical reports produced by health care "professionals"?

Poppie68

A_Flock_Of_Sheep wrote: »

Who is interviewing the DWP and Atos under caution with regards to lies and misconstrued "facts" which are frequently found on disability medical reports produced by health care "professionals"?

Without meaning to be rude, your post has nothing to do with the op her situation nor does it help her.

A_Flock_Of_Sheep

Poppie68 wrote: »

Without meaning to be rude, your post has nothing to do with the op her situation nor does it help her.

No but it emphasizes the DWP double standard. Claimant claims too much or forgets to notify a change of circumstance it is termed as "fraud".

DWP and Atos lie on a medical report and make statements that are not said at the examination and this is termed "making a correct decision".

Of course it isn't fraud to deny a person of what they are rightly entitled to is it?

A_Flock_Of_Sheep

Anyway for something to be fraud it has to meet a list of legal tests to get that determination.

It is up to the DWP to prove the person acted fraudulently in accordance with the legal test for fraud. It isn't up to the accused to prove their innocence.

A_Flock_Of_Sheep

Take a look at this and then be careful what you say at the interview. The interview and the letters are designed to be intimidating.

http://www.inbrief.co.uk/offences/fraud.htm

The DWP will need to prove beyond all reasonable doubt not on the balance of probability that there was an inherent intention to deceive.