Interview under caution - Council tax support

Andronyme

Hi everyone,
Today I received a 'interview under caution' letter.
I received 2 letters prior to this one, to let me know that we've been overpaid on housing benefit and council tax reductions. I have already repaid in full the council tax debt. I am still re paying the housing benefit overpayment debt on a monthly basis as agreed with the overpayment team. I have not made a single late payment. We are paying the full amount due on council tax every month since April. Now what I don't understand is why a interview under caution is needed ? The subject line says 'Council tax support interview under caution' so it's not about the housing benefit overpayment which still remains unpaid. A line of the letter says : 'failed to declare that (my partner' s name) had started work and was receiving income from employement'. But I still don't get it, a mistake has been made, I've paid for it. Why is this investigation still needed? The letter doesn't specify a time frame, so it's even more confusing.

On Friday I will go to citizens advice and will try to have an affordable solicitor by my side for the interview. Also, they don't want my partner to attend. Which is weird cause he'd most likely be the one able to answer their questions about his employment.

We are a family of 3, we aren't married, we have a 4 year old child.

Many thanks in advance for your help

Browntoa

You say "mistake"

Council say "fail to declare"

Think that's why the interview

CIS

Why is this investigation still needed? The letter doesn't specify a time frame, so it's even more confusing.

The CTR investigation side is separate to whether or not you have paid it back. Paying it back doesn't negate what the council are saying was a 'failure to declare income'.

TELLIT01

If the council tax is in your name only, the council have no interest in what your partner says as it is you who have failed to declare a change of circumstances, not him. That would explain why they don't need or want him to attend.

System

You claimed housing benefit and council tax benefit and didn't tell them your partner was working. This is how the overpayment occurred which you're now repaying. Not telling them your partner was working as you agreed to do when you claimed can be counted as benefit fraud. The interview will be to decide whether it was a genuine mistake or a deliberate attempt at fraudulently claiming.

tomtom256

Is it for the council tax, the housing benefit or is a joint investigation?

It would be unusual for a CTRS only investigation when other benefits are involved.

Andronyme

Tomtom256 : it's only council tax by the look of it. A joint investigation would make more sense cause I also made mistake on the housing benefit claim. Well I suppose I did, overwise I would have not been overpaid.

[Deleted User]

I think you need to think carefully how you phrase your answers. Surely you knew your OH was working, and that an income would affect the benefits you received?

I'm not sure if calling it a mistake will help you.

Comms69

Andronyme wrote: »

Hi everyone,
Today I received a 'interview under caution' letter.
I received 2 letters prior to this one, to let me know that we've been overpaid on housing benefit and council tax reductions. I have already repaid in full the council tax debt. I am still re paying the housing benefit overpayment debt on a monthly basis as agreed with the overpayment team. I have not made a single late payment. We are paying the full amount due on council tax every month since April. Now what I don't understand is why a interview under caution is needed ? - because you have potentially committed an offence, just like theft, returning the property does not mean the end of the matter. The subject line says 'Council tax support interview under caution' so it's not about the housing benefit overpayment which still remains unpaid. - irrelevant if it's been overpaid or not. A line of the letter says : 'failed to declare that (my partner' s name) had started work and was receiving income from employement'. But I still don't get it, a mistake has been made, I've paid for it. - no you've repaid the debt. Not paid a punitive price Why is this investigation still needed? The letter doesn't specify a time frame, so it's even more confusing.

On Friday I will go to citizens advice and will try to have an affordable solicitor by my side for the interview. - you may be entitled to a free legal aid solicitor. You should ask the council if they will arrange this Also, they don't want my partner to attend. Which is weird cause he'd most likely be the one able to answer their questions about his employment. - this is about gathering evidence to prosecute you. No IUC is ever conducted with a suspect and a witness in the same room

We are a family of 3, we aren't married, we have a 4 year old child. - all irrelevant to this case

Many thanks in advance for your help

However all that said, actually it may be best to not attend. I would seek legal advice on this.


I am not saying don't attend, I'm simply pointing out the possibilities.


The simple fact is that non attendance to a voluntary interview cannot hamper your case.


If you have a legitimate reason for the overclaim then presenting that to the council may mean the matter is closed there and then.


However if you do not. Then attending but failing to answer questions could mean that any subsequent defence you present is unlikely to be believed.


There is no benefit realistically to attending and pleading guilty. You get a full 1/3 discount for pleading guilty at plea hearing anyway.


Basically if you have a good reason, if they are willing to provide a solicitor and if you are ok in high pressure situations. Attend.


If not; I would politely decline and see if they decide to take it further

calcotti

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/if-youve-been-invited-to-an-interview-under-caution-for-benefit-fraud/

https://www.gov.uk/benefit-fraud