ESA compliance interview

baza52

The 50k is from this thread. https://forums.moneysavingexpert.com/discussion/5330153

densol_2

TELLIT01 wrote: »

I know it's not easy in this situation but it is important not to over react. You aren't going to be made bankrupt and you aren't going to jail if all that has happened is that you failed to declare savings. They would need to prove intent for major action to be taken. Any over payment will have to be paid back and there may be a fine on top.
I don't where the figure of £50k has appeared from as the OP says over £10k.

In previous posts by the OP.

The savings are only relevant if the ESA is income related rather than contribution based which has no time limit if placed in the support group.

dippy3103

From your post it sounds like you are on contribution with an IR top up. That means any overpayment will be fairly small- which is probably why it's a compliance matter.

Compliance don't prosecute so jail is off the cards. They may issue you with a civil penalty.


Do you get housing benefit?

Dullville

dippy3103 wrote: »

From your post it sounds like you are on contribution with an IR top up. That means any overpayment will be fairly small- which is probably why it's a compliance matter.

Compliance don't prosecute so jail is off the cards. They may issue you with a civil penalty.


Do you get housing benefit?

Absolute rubbish. Compliance interview can and does lead to prosecution.

dippy3103

Dullville wrote: »

Absolute rubbish. Compliance interview can and does lead to prosecution.

Care to expand on that point?

baza52

dippy3103 wrote: »

Care to expand on that point?

If the DWP decide deliberate fraud has taken place then the OP could end up at a magistrate or crown court.
The court, not the DWP or council, decides whether you are innocent or guilty of the fraud, and if you are found guilty the judge will decide what punishment to impose. This could be anything from a fine to, in extreme cases, sending you to prison

Darksparkle

baza52 wrote: »

If the DWP decide deliberate fraud has taken place then the OP could end up at a magistrate or crown court.
The court, not the DWP or council, decides whether you are innocent or guilty of the fraud, and if you are found guilty the judge will decide what punishment to impose. This could be anything from a fine to, in extreme cases, sending you to prison

This.

These checks are initially promoted by compliance to gather facts. Decision would the be made whether to proceed criminally or civil.

dippy3103

Usually it does not get passed to criminal once compliance have interviewed though.
A compliance officer can not caution a customer so anything said to compliance is inadmissible.

dippy3103

baza52 wrote: »

If the DWP decide deliberate fraud has taken place then the OP could end up at a magistrate or crown court.
The court, not the DWP or council, decides whether you are innocent or guilty of the fraud, and if you are found guilty the judge will decide what punishment to impose. This could be anything from a fine to, in extreme cases, sending you to prison

Even if the DWP feel a criminal offence has been committed, then the case may be disposed of by way of a administrative penalty. The customer can decline the offer though, when the case will go to court

baza52

dippy3103 wrote: »

Usually it does not get passed to criminal once compliance have interviewed though.
A compliance officer can not caution a customer so anything said to compliance is inadmissible.

So now your agreeing with Dullville, you said Jail was off the cards when clearly it can and does happen.