Interview Under Caution Urgent Advice Needed!

dippy3103

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.

It's also the o/p's opportunity to comment & explain why they didn't declare the pension.

O/p when you reclaimed did you put the pension on the new claim form?


Lastly, the DWP don't have to show any dishonesty at all for a 112 offence, simply that the o/p knew they were getting a pension & didn't declare it on the forms.

A_Flock_Of_Sheep

dippy3103 wrote: »

It's also the o/p's opportunity to comment & explain why they didn't declare the pension.

O/p when you reclaimed did you put the pension on the new claim form?


Lastly, the DWP don't have to show any dishonesty at all for a 112 offence, simply that the o/p knew they were getting a pension & didn't declare it on the forms.

At a criminal court it is beyond all reasonable doubt.

A_Flock_Of_Sheep

dippy3103 wrote: »

It's also the o/p's opportunity to comment & explain why they didn't declare the pension.

O/p when you reclaimed did you put the pension on the new claim form?


Lastly, the DWP don't have to show any dishonesty at all for a 112 offence, simply that the o/p knew they were getting a pension & didn't declare it on the forms.

Oh well that's easy then.....

DWP: "Did you know that you did not declare this pension on the form?"

Claimant: "No, sorry I didn't, let me know how much I owe you as a result and I will write you a cheque."

dippy3103

A_Flock_Of_Sheep wrote: »

Oh well that's easy then.....

DWP: "Did you know that you did not declare this pension on the form?"

Claimant: "No, sorry I didn't, let me know how much I owe you as a result and I will write you a cheque."

Were you getting a pension when you completed the form & declared on the form that you were not? Were you aware you were getting the pension?

Being unwell may be mitigation but unless the o/p attends the interview they won't be able to give their side of the story.

Do you need to be so rude?

Mr_Costcutter

If your mistake was genuine, what is there to fear? If you attend the meeting prepared to give a clear explanation of 'all' the facts, the criteria presented will be evaluated and a decision made. What that decision will be, is impossible to say. However, be truthful, and take along a witness to your interview. The CAB may be able to help with support.

FBaby

People's health can lead to inaccuracies

If you know you have health issues that affect your cognitive ability, then you seek help from professionals of family members to complete forms. Having health issues doesn't absorb anyone from being responsible. Otherwise, you could say that they shouldn't drive, shouldn't be in charge of anyone, shouldn't manage your money ect...

What you definitely can't do is pick and choose as it suits, which clearly is how you see it.

TELLIT01

As the interview is being held at the local council offices it is a joint investigation between them and DWP. The most likely reason is the failure to declare the pension and you won't be going to jail over it.
Any over payment will have to be repaid and there can be a fine of up to 50% of that overpayment on top (if memory serves me correctly).
Just be honest with them. If you are permitted to take somebody with you, do so, as it can be helpful to have somebody just listening to what is being said on both sides. This person will probably not be permitted to take an active part e.g. coach you in the answer you should give.

trona40

Thank you for everyone posts.

I should mention that I have a letter when claiming JSA from September 2015, that they know about the pension and how much it is exactly. I was then switched to ESA on Novemeber 2015 and now have the interview under caution regarding my pension which according to my paperwork they are aware of 2 months prior!

I hope this is all a mix up and I have received an overpayment, I certainly don't want to cause any harm and would happily pay anything back, I really just fear That I'll end up in jail for being silly.

I found a letter this morning from 2013 when I last had the interview stating I got a civil penalty for not telling them before, I think (I'm not sure) this was after my compliance interview.

Is it possible the DWP think I'm hiding something from them again and trying to get me to slip up? I really don't know anymore.


Thanks for everyone's help and anymore opinions would be appreciated

NYM

trona40 wrote: »

Thank you for everyone posts.

I should mention that I have a letter when claiming JSA from September 2015, that they know about the pension and how much it is exactly. I was then switched to ESA on Novemeber 2015 and now have the interview under caution regarding my pension which according to my paperwork they are aware of 2 months prior!

I hope this is all a mix up and I have received an overpayment, I certainly don't want to cause any harm and would happily pay anything back, I really just fear That I'll end up in jail for being silly.

I found a letter this morning from 2013 when I last had the interview stating I got a civil penalty for not telling them before, I think (I'm not sure) this was after my compliance interview.

Is it possible the DWP think I'm hiding something from them again and trying to get me to slip up? I really don't know anymore.


Thanks for everyone's help and anymore opinions would be appreciated

Highly unlikely you'd end up in Jail..please don't worry about that!

controversy

trona40 wrote: »

Thank you for everyone posts.

I should mention that I have a letter when claiming JSA from September 2015, that they know about the pension and how much it is exactly. I was then switched to ESA on Novemeber 2015 and now have the interview under caution regarding my pension which according to my paperwork they are aware of 2 months prior!

I hope this is all a mix up and I have received an overpayment, I certainly don't want to cause any harm and would happily pay anything back, I really just fear That I'll end up in jail for being silly.

I found a letter this morning from 2013 when I last had the interview stating I got a civil penalty for not telling them before, I think (I'm not sure) this was after my compliance interview.

Is it possible the DWP think I'm hiding something from them again and trying to get me to slip up? I really don't know anymore.


Thanks for everyone's help and anymore opinions would be appreciated

Did you mention the following on your Council Tax Support form and your ESA income related form?

1. You have a mortgage.
2. You live alone.
3. You have a pension.

Have you been claiming housing benefit at any time since you had a mortgage?

From the information you have given I think you may have made a mistake when filling in ESA or Council Tax Support form.

Just a tip. Don't admit to anything until your 100% certain that you made a mistake because they will use it as evidence.

When your in court understand that common law does not exist anymore. The law of the sea has took over our courts. We aren't a sovereign nation in law anymore.

Treat the Judge like the Queen and glorify their Ego in the sense where you are wrong and they are right. If you show any sign of resistance your sentence will be increased.