Interview Under Caution Urgent Advice Needed!

dippy3103

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

If this has already been dealt with by way of a civil penalty, then it won't be about that. Also if the compliance interview was in 2013 then it's possible the offence would be out of time.

tomtontom

A_Flock_Of_Sheep wrote: »

It doesn't say here if the OP drives or not. This thread is about an interview under caution about a misunderstanding be it the the OP innocently omitted their pension or not.

I'm not talking about the OP, I'm talking about your supposition that a claimant can use their mental health condition as an excuse for failing to answer a simple question, whilst having the ability to do things far more complex and stressful.

Complete nonsense

A_Flock_Of_Sheep

tomtontom wrote: »

I'm not talking about the OP, I'm talking about your supposition that a claimant can use their mental health condition as an excuse for failing to answer a simple question, whilst having the ability to do things far more complex and stressful.

Complete nonsense

Social phobia anxiety is crippling, causes cognitive difficulties and impacts on communication, driving a car, even if someone cuts the person up doesn't involve raw and direct social interaction. An arachnophobic person can take a bath but not with a spider in it.

You obviously dont understand mental illness.

Lanzarote1938

A_Flock_Of_Sheep wrote: »

Social phobia anxiety is crippling, causes cognitive difficulties and impacts on communication, driving a car, even if someone cuts the person up doesn't involve raw and direct social interaction. An arachnophobic person can take a bath but not with a spider in it.

You obviously dont understand mental illness.

So what happens if stopped by police, hit someone? Does this social phobia stuff mean they don't have to stop and speak to anyone?

A_Flock_Of_Sheep

Lanzarote1938 wrote: »

So what happens if stopped by police, hit someone? Does this social phobia stuff mean they don't have to stop and speak to anyone?

No one has to speak or communicate with anyone if they don't want to. But the police would need to be told of the persons special needs.

Maybe the OP should write and say that due to their MH it would be detrimental to them to attend this interview and request the DWP deal with the matter differently.

trona40

Thank you again for the replies

I do not drive although I don't see what that has to do with anything.

If it's about a different matter I have no idea what it's about at all, this is so confusing considering I have evidence of them knowing about the pension 3 months prior to this interview.

I plan to attend the interview and try and sort this out without me landing in court. Everything I've read online has told me not to ignore it.

I also do not make any excuses for my mental health playing a part in this. It is likely that it could have, but ultimately if I have to pay anything back I am happy too as I just want to get back to full health eventually but when letters like these arrive and send me into a downward spiral I don't know what else to do.

If anyone has anymore advice for me please continue to post and thank you everyone for your help and support.

TELLIT01

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!

You aren't switched from JSA to ESA, there is currently no automatic process for moving between these benefits. You provide information either on the phone or on form ESA1 when you make an ESA claim. If you didn't declare the pension again when you made the ESA claim it's not really surprising that alarm bells are ringing. Also, did you inform the council of the pension when you claimed HB?
Many people assume, wrongly, that having told one organisation all the others are automatically informed. That is not the case and is the reason that virtually every claim form states that the claimant must inform the relevant department of every change in circumstances.

trona40

TELLIT01 wrote: »

You aren't switched from JSA to ESA, there is currently no automatic process for moving between these benefits. You provide information either on the phone or on form ESA1 when you make an ESA claim. If you didn't declare the pension again when you made the ESA claim it's not really surprising that alarm bells are ringing. Also, did you inform the council of the pension when you claimed HB?
Many people assume, wrongly, that having told one organisation all the others are automatically informed. That is not the case and is the reason that virtually every claim form states that the claimant must inform the relevant department of every change in circumstances.

I was automatically switched from ESA from JSA as I went to tribunal for the ESA claim as I had lodged an appeal with the Tribunal Service, which I won and was awared Work Related actvity group ESA at it. I did not fill in any forms, I was changed over automatically within 2 weeks to my knowledge.

Also, I do not claim housing benefit as I own my home.

dippy3103

A_Flock_Of_Sheep wrote: »

Maybe the OP should write and say that due to their MH it would be detrimental to them to attend this interview and request the DWP deal with the matter differently.

They would require a letter from a medical professional to discontinue the IUC, otherwise they would just treat it as a failure to attend.

Sounds to me as if the o/p is looking to deal with this & establish exactly what has gone on. Respect to them for not making excuses.

trona40

dippy3103 wrote: »

They would require a letter from a medical professional to discontinue the IUC, otherwise they would just treat it as a failure to attend.

Sounds to me as if the o/p is looking to deal with this & establish exactly what has gone on. Respect to them for not making excuses.

Thank you, You are correct, as i do not wish to hide behind my illness to solve a possible mistake on my part! All i want is to get it sorted outside of a court room and pay anything back if anything at all, if a mistake has been made.

Thank you all for your continued support!