Interview under caution for pension credit

sheramber

margaretclare wrote: »

We've never been away for longer than a fortnight max, and have never seen the need to tell the DSS.

Since you are claiming AA, not PC ,there is no need for you to tell them for a 2 week absence.

xylophone

We've never been away for longer than a fortnight max, and have never seen the need to tell the DSS.

See my post above - the OP's mother is on PC.

margaretclare

sheramber wrote: »

Since you are claiming AA, not PC ,there is no need for you to tell them for a 2 week absence.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457814/pension-credit-extra-info-dwpf201pc-0915.pdf applies.

It appears that any absence should be notified?

Bit confusing, then. However, as no one has ever asked any questions there's no need to worry about it.

xylophone

Bit confusing, then.

No - the Age UK link is for those on Attendance Allowance- it does not say that any absence abroad should be notified but does explain the 13 week rule which does apply.

The gov uk link applies to those on Pension Credit - not only does the 13 week rule apply but also the requirement that any absence abroad, even if less than 13 weeks, must be notified.

hennesm

Just a quick question. Any idea how long we would have to wait for the decision itself? Nothing at all from the DWP since the inaccurate transcript ( I corrected some of it and sent it back with a request for the CD so that I could get it transcribed correctly). The 8 weeks mentioned at interview are up and we have heard nothing. Not really sure what to do next.

dippy3103

I would contact them for an update. PC decisions can take a long time..

lazer

xylophone wrote: »

http://www.ageuk.org.uk/documents/en-gb/factsheets/fs34_attendance_allowance_fcs.pdf?dtrk=true

"Temporary absence abroad
AA can be paid for the first 13 weeks of a temporary absence abroad. If you are away for more than 13 weeks, you may have difficulty re-qualifying when you return because you usually need to be present in Great Britain for 104 of the last 156 weeks (see section 3)."

In the case of the OP's mother who is on PC it would seem that

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457814/pension-credit-extra-info-dwpf201pc-0915.pdf applies.

It appears that any absence should be notified?

"Can I go abroad and keep getting Pension Credit?

We can pay Pension Credit for up to 13 weeks while you’re temporarily abroad. If you go abroad for medical treatment under the NHS, we can pay Pension Credit for as long as you are getting medical treatment.

But you should tell us if you go abroad for any reason at all. This includes if you go to Northern Ireland, the Isle of Man or the Channel Islands."

That said, bullying and abuse is not acceptable and the OP should request a copy of the recording.

I find the requirement to tell them you are going to Northern Ireland very strange - it is part of the UK.


What if you live in Northern Ireland, do you have to inform them if you are going abroad to England?


On another note if on JSA/PC you are meant to inform them if you are going abroad, are people that live on the border actually meant to tell them every time they go to their local shop which could be a mile away!

dktreesea

dippy3103 wrote: »

In many circumstances that's very poor advice. If there is something which will proove someone's innocence, is it not best to make it known straight away and bring the matter to a conclusion? Not least because adverse inference can be drawn from not giving the explanation at first chance.

If the DWP are alleging the OP's mother owns a house elsewhere, then why isn't it up to them to provide evidence of the same?


OP, if you can pay just 5 euros to get a certificate stating your mother owns no property in Ireland, I suggest you do so. You should also contact your mother's MP. This whole affair sounds to me like abuse of process. You should have had a copy of the interview by now. A transcript isn't enough - it won't convey the interviewers attitudes to you and your Mum for one. Request a copy of the recording and for goodness sake, get her MP involved.

dippy3103

dktreesea wrote: »

If the DWP are alleging the OP's mother owns a house elsewhere, then why isn't it up to them to provide evidence of the same?


OP, if you can pay just 5 euros to get a certificate stating your mother owns no property in Ireland, I suggest you do so. You should also contact your mother's MP. This whole affair sounds to me like abuse of process. You should have had a copy of the interview by now. A transcript isn't enough - it won't convey the interviewers attitudes to you and your Mum for one. Request a copy of the recording and for goodness sake, get her MP involved.

It is for the DWP to provide evidence of any property which they allege she owns.

However, if the o/p has evidence or explanation which can speed up the investigation by either explaining what has gone on or proving that the claim is in order, then it would be mad not to supply it. Not attending will mean that they don't have the chance to put their side.

dktreesea

dippy3103 wrote: »

It is for the DWP to provide evidence of any property which they allege she owns.

However, if the o/p has evidence or explanation which can speed up the investigation by either explaining what has gone on or proving that the claim is in order, then it would be mad not to supply it. Not attending will mean that they don't have the chance to put their side.

When it comes to the property the DWP are just fishing. Grinding down the victim to get them to confess, saving themselves the bother of having to prove their allegation.


The other thing though, not informing the DWP every time you leave the island of Britain (i.e. pension credit rules) is a different matter. Can the DWP require the pension credit to be refunded under such circumstances? Can they cancel it going forward?


There surely must be some administrative ruling somewhere that states what the consequences of not informing the DWP when you go overseas are. The OP's mother was interviewed under caution, so presumably the DWP think she played outside the rules sufficient to warrant the caution.


OP, could you also, as well as getting a certificate that your mother doesn't own any property in Ireland, supply the DWP with evidence that you own the house that presumably is the focus of their enquiries?