Interview Under Caution Urgent Advice Needed!

Poppie68

A_Flock_Of_Sheep wrote: »

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?

Which has nothing at all to do with the op or her case, who seems was in the wrong by not informing the DWP of a pension.

A_Flock_Of_Sheep

Poppie68 wrote: »

Which has nothing at all to do with the op or her case, who seems was in the wrong by not informing the DWP of a pension.

But did they deliberately not inform of this pension. If it can be proven beyond all reasonable doubt that they were deliberate then yes they were if this cannot be achieved then they have nothing to worry about.

I had a similar thing about 12 years ago. Now I would use the interview to grill the DWP interviewer about DWP incompetence. Last time I reminded them that equally anything they say or fail to say I will give in evidence. That cuts both ways.

I made mincemeat out of this pathetic DWP specimen that was sat before me. Just don't let them intimidate you.

densol_2

A_Flock_Of_Sheep wrote: »

But did they deliberately not inform of this pension. If it can be proven beyond all reasonable doubt that they were deliberate then yes they were if this cannot be achieved then they have nothing to worry about.

I had a similar thing about 12 years ago. Now I would use the interview to grill the DWP interviewer about DWP incompetence. Last time I reminded them that equally anything they say or fail to say I will give in evidence. That cuts both ways.

I made mincemeat out of this pathetic DWP specimen that was sat before me. Just don't let them intimidate you.

How lovely ! Its NOT the personal fault of the person assigned to do the interview. They are only doing their job - yes civil service is incompetant at times - but its the fault of management most times as many places are understaffed. Ive never had a problem with anyone and even took flowers and chocs to my dusabilty DWP advisor at xmas thanking her for her help.

Anyway back to OP - dont worry ! Its easy to forget a small pension of £30 pw and not realise it was relevant. Hardly the crime of the century. Just take all your paperwork with you and the evidence (presume sent recorded ) of when you sent the paperwork in before. Answer their questions honestly and carefully and Im sure it will be fine. How worrying for you considering your illness - I dont think I would be able to cope with that despite being a defence and then prosecuting solicitor for 22 years until I got ill.

Marktheshark

A solicitor would most likely instruct you to remain silent and decline the invitation.
It is an incrimination for prosecution information gathering interview.

NYM

Fraud means deliberately giving false information or not telling the DWP or council something because you know, or should suspect, that you will be better off as a result.

It can be hard to tell the difference between mistakes, negligence or fraud. The important thing is that you can’t normally commit fraud by accident – there has to be something deliberate or intentional about your actions. If, for example, you honestly think that you don’t need to tell them of a change this may be an innocent mistake or negligence, but as soon as you realise that you should tell them, then if you don’t take action to sort it out, it becomes fraud.

Advicenow...

densol_2

Marktheshark wrote: »

A solicitor would most likely instruct you to remain silent and decline the invitation.
It is an incrimination for prosecution information gathering interview.

Lol - yeah in the 1980's early 90's when there was a true right to silence. The caution changed a lot since then and remaining silent when the DWP have evidence of income not declared is hardly pertaining to making an innocent mistake. Inferences can be drawn for not mentioning defences at the time of interview and never looks good on cases like this.

emmsie123

Part 9 in the form, is as clear as anything. Pensions are you getting or waiting to hear about any.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419630/esa1.pdf
When you recieve an award letter, you are supposed to check it all and report any mistakes.

A_Flock_Of_Sheep

emmsie123 wrote: »

Part 9 in the form, is as clear as anything. Pensions are you getting or waiting to hear about any.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419630/esa1.pdf
When you recieve an award letter, you are supposed to check it all and report any mistakes.

People's health can lead to inaccuracies. Just tell them that if they feel you owe money to tell you how much and that you'll post them a cheque. It doesn't need an interview to do that.

sammyjammy

A_Flock_Of_Sheep wrote: »

People's health can lead to inaccuracies. Just tell them that if they feel you owe money to tell you how much and that you'll post them a cheque. It doesn't need an interview to do that.

More accurately peoples' health can lead to false declarations.

A_Flock_Of_Sheep

sammyjammy wrote: »

More accurately Peoples' health an lead to false declarations.

No. If you are suffering from cognitive difficulties as a result of mental health or any condition this can lead to forgetting things. Even things as simple as the day of the week let along missing a bit on a very lengthy DWP form.

People forget to even sign the bottom of the form where it is then returned for signature.

Turning this on its head. If a DWP employee forgot to tick a box on a computer which then resulted in a person not being paid is this witholding money due to a person by deceit or simply a mistake?

I am on prepayement meters for my gas and electric yet last year received a paper bill for £12 odd. I called up and was told it was a mistake and happens from time to time and I was not alone in experiencing that. But how many people have been deceived into simply paying the said £12 odd simply because they beleived it was due. The electric company could make a fortune out of this fraudulent scheme.

I did not write to the electric company demanding that I undertake an interview with them under caution to determine if they have been fraudulent or made a mistake.