Interview Under Caution Urgent Advice Needed!

Gypsywoman

You will still remain really worried about all of this until you know exactly what the IUC is for, how long it is backdated to and all those other questions that are going round and round in your head.

Without suffering with depression and anxiety, these types of unknown situations, cause varying degrees of stress to people. Add on the MH issues and in your mind it must feel pretty intolerable, right now..

I understand your confusion, your worry, your inability to sleep and each of those and more will be adding on more and more with the more 'advice' you listen to. Some of which will be accurate and some totally not accurate.

Each post you read will sound correct until you read the next one, then that one will sound correct and so on. I understand those terribly extreme beliefs that go here, to there and then to everywhere. Until you no longer understand any of it.

I would suggest that you do listen to the advice of the retired solicitor for she DOES KNOW the legalities and seems keen to point out to you that, in her professional opinion, you will not be going to court over this.

I would focus your main attention with the one who is qualified in the legal field and aspects of the IUC procedure, for it is the fear of the legal impact that you appear to be expressing and that you only take small parts of advice from other posters, and not all of their often very biased, one way or the other, advice.

Try if that feels like a strategy that will help in reducing some of your anxiety, to stay with that formula. I have no advice about IUCs for I know nothing about them. I do know about MH issues though and I can feel your anxiety, to such an extent it is almost palpable.

If you have the ability to pay back any overpayment and that is not a main anxiety provoker than that is a positive. You know the approx dates of when you informed the DWP of your pension or you can at least know this does not go back for years, that is a positive. Keep looking for the positives and perhaps do a paper plan of issues of Anxiety and Non-Anxiety. Then you just need to concentrate on those causing Anxiety and find the appropriate advice/solutions for them.

There is a retired solicitor giving you free advice, on this thread, and assuring you about the apparently zero chance of this going to court. If you can read and focus what she is saying and use that to quell some of the anxiety, you will be going in the right direction.

I guess you know all the coping techniques of warm baths, soft music, deep breathing and taking care of yourself. Sometimes we get too far past the point of any of that seeming like it will help, but the more of the anxiety you can quell by listening to the correct advice on this IUC issue, the more you may feel able to use some coping techniques, and hopefully, get some decent sleep.

I know a lot of people are very angry with the benefit system and that is their right, but your right is to get the information and advice you need to make your anxiety come down, as soon as possible. The rights and wrongs of the benefit system is not helping you here.

Concentrate on yourself now. Take care.

I wish you well x

controversy

trona40 wrote: »

I still am really worried about all of this.

I know i get a reduction in my council tax but don't even remember filling in the form or anything for it even if I did!

I don't even know how long this case could be backdated till.

If i have been reciving a incorrect decduction because of my pension, I don't know how long I could have gotten it for....

The legal lady who was arguing with my comments told you that what you may have done is incredibly minor.

Anyway ...... Chances are you've had a over payment some where which most likely is the DWP fault and not yours.

You should think to yourself that when the interview comes you get a opportunity to tell the DWP what they are playing at putting you in a position where you've been worrying yourself sick and that you are the real victim in all of this!

Innocent people don't stay up till 2am worrying themselves sick. Guility people are those that sleep easy in bed.

Who has been filling in your forums?

And do you have any disabilities, illnesses or are you at the age in your life where you have became more dependent on others? I am trying not to be rude.

NeilCr

OP

Get yourself down to the local CAB or advice agency taking your paperwork with you. At least then you will be clear who you are talking to - not trying to sort out the wheat from the chaff on an Internet forum

I very much understand how stressful this is and talking to someone with some knowledge should help alleviate that to a degree

As someone who has only just become active here I have to say what a shame it is that a thread from a poster with real concerns and worries has been spoilt by point scoring between others..

dippy3103

trona40 wrote: »

I still am really worried about all of this.

I know i get a reduction in my council tax but don't even remember filling in the form or anything for it even if I did!

I don't even know how long this case could be backdated till.

If i have been reciving a incorrect decduction because of my pension, I don't know how long I could have gotten it for....

They can calculate the overpayment back to the start of your claim.

I don't think Densol was implying that it's very minor, just that it's highly highly unlikely that you will go to prison.


Has anyone explained to you what will happen at the interview (procedure I mean) or would you like me to explain?

trona40

dippy3103 wrote: »

They can calculate the overpayment back to the start of your claim.

I don't think Densol was implying that it's very minor, just that it's highly highly unlikely that you will go to prison.


Has anyone explained to you what will happen at the interview (procedure I mean) or would you like me to explain?

I have read various stuff online about the IUC but I would like your idea of it too.

I did more research today and made a timeline of all the instances of my pensions and managed to organise a lot of my stuff and have found stuff out.

I am very worried that I have forgotten to mention in on many of my claim forms and have no recollection if I did or not.

The letter I had from the DWP from September 2015 was a letter stating they found out about the pension rather than that I told them about it and I got confused of this.

My timeline basically says the DWP were made aware of the pension in 2013, and I was fined a civil penalty for not mentioning it to them due to me just forgetting. and then later took me to a compliance interview in 2014 to get more information on it, I then sent the further information and declared it to the best of my knowledge (if I didn't it was accidental)

After this in 2015 they lettered me again saying they were reducing my money since they new I got the pension! (Obviously from information I submitted?!) which was fine with me, and now I am being taken to a IUC over the pension which I have apparently never declared even though they have fined me and reduced my money from it.

I feel this is a big mix up in my part and also the DWPs and I just want it sorted.


Please let all the advice continue, I am still struggling to get by my days and sleep but everyone's opinion is helping me, I really just don't want to end up in jail over what would be the smallest amount of overpayment I could think of.

trona40

controversy wrote: »

The legal lady who was arguing with my comments told you that what you may have done is incredibly minor.

Anyway ...... Chances are you've had a over payment some where which most likely is the DWP fault and not yours.

You should think to yourself that when the interview comes you get a opportunity to tell the DWP what they are playing at putting you in a position where you've been worrying yourself sick and that you are the real victim in all of this!

Innocent people don't stay up till 2am worrying themselves sick. Guility people are those that sleep easy in bed.

Who has been filling in your forums?

And do you have any disabilities, illnesses or are you at the age in your life where you have became more dependent on others? I am trying not to be rude.

Yes I suffer from anxiety and depression and have mobility issues, I am truly worrying myself sick and I am going to see the doctor about this situation as it is proving detrimental to my health! Thank you for your support

dippy3103

trona40 wrote: »

Yes I suffer from anxiety and depression and have mobility issues, I am truly worrying myself sick and I am going to see the doctor about this situation as it is proving detrimental to my health! Thank you for your support

Will post about procedure in the morning. It may be a good idea to ring the investigator & discuss you having an appropriate adult at the interview.

dippy3103

trona40 wrote: »

I have read various stuff online about the IUC but I would like your idea of it too.

I am very worried that I have forgotten to mention in on many of my claim forms and have no recollection if I did or not.

The letter I had from the DWP from September 2015 was a letter stating they found out about the pension rather than that I told them about it and I got confused of this.

My timeline basically says the DWP were made aware of the pension in 2013, and I was fined a civil penalty for not mentioning it:

Can't sleep so thought I'd respond now!

There has probably been a data match which is how they have found out. A timeline of events is a good idea. However, what I would say, is if you have been spoken to in 2013 about not declaring your pension then have done so again, that's why they are interviewing you.

Your interview will almost certainly be conducted by two officers - one from the council about your CTRS & the other from the DWP.

It will be recorded on 2 CD's, one of which will be sealed & you will be asked to sign the seal- this is the master copy & will be only opened if it goes to court & the court orders it. The other one is the working copy which the DWP/council will listen to or maybe get typed up.

The start of the interview is very scripted- everyone there will be introduced & then you will be cautioned. This is the long winded one which starts with "you do not have to say anything". They will then also explain your right to legal advice and advise you that you are not under arrest. Once they have checked you have understood the caution & your rights the interview will start properly.

The officers will show you some forms & ask you some questions, which you don't have to answer. However, as Densol has pointed out, a court may draw adverse inference from any failure to answer. This in effect means that they may be less inclined to believe you & question why you didn't say so at the time.

Once the officers feel that they have asked you all the questions they need to, you will be asked if there is anything to add. When the interview ends the CD's will be sealed & you will be given a notice explaining where to obtain a copy if you need one (in the event that you are prosecuted).

After that the overpayments will be calculated and then the senior officers will take everything into account and make a decision as to what if any further action is taken.

Prison is highly, highly unlikely unless you are on an existing suspended sentence or a conditional discharge or you have previous recent convictions. Given the thousands of people prosecuted for benefit fraud each year, very few go to prison. So please forget about that.

trona40

dippy3103 wrote: »

Can't sleep so thought I'd respond now!

There has probably been a data match which is how they have found out. A timeline of events is a good idea. However, what I would say, is if you have been spoken to in 2013 about not declaring your pension then have done so again, that's why they are interviewing you.

Your interview will almost certainly be conducted by two officers - one from the council about your CTRS & the other from the DWP.

It will be recorded on 2 CD's, one of which will be sealed & you will be asked to sign the seal- this is the master copy & will be only opened if it goes to court & the court orders it. The other one is the working copy which the DWP/council will listen to or maybe get typed up.

The start of the interview is very scripted- everyone there will be introduced & then you will be cautioned. This is the long winded one which starts with "you do not have to say anything". They will then also explain your right to legal advice and advise you that you are not under arrest. Once they have checked you have understood the caution & your rights the interview will start properly.

The officers will show you some forms & ask you some questions, which you don't have to answer. However, as Densol has pointed out, a court may draw adverse inference from any failure to answer. This in effect means that they may be less inclined to believe you & question why you didn't say so at the time.

Once the officers feel that they have asked you all the questions they need to, you will be asked if there is anything to add. When the interview ends the CD's will be sealed & you will be given a notice explaining where to obtain a copy if you need one (in the event that you are prosecuted).

After that the overpayments will be calculated and then the senior officers will take everything into account and make a decision as to what if any further action is taken.

Prison is highly, highly unlikely unless you are on an existing suspended sentence or a conditional discharge or you have previous recent convictions. Given the thousands of people prosecuted for benefit fraud each year, very few go to prison. So please forget about that.

Thank you for your detailed post, by my calculation, if they plan to backdate all my money since 2013 I could be looking at a £3000 fine!

What are the chances this could go to court even if I admit I made a mistake at the interview?

controversy

trona40 wrote: »

Thank you for your detailed post, by my calculation, if they plan to backdate all my money since 2013 I could be looking at a £3000 fine!

What are the chances this could go to court even if I admit I made a mistake at the interview?

None. Even political enemies dont get sent to court for these kind of mess ups.