Second interview under cautionMy partner was interviewed 8 weeks ago by DWP as they claim he has not

Tromsogirl wrote: »

My partner was interviewed 8 weeks ago by DWP as they claim he has not declared receiving a pension while in receipt of contribution based ESA. He had a stroke in 2011 which left him disabled and unable to work. There was a gap until he received his occupational pension as the employer investigated his health and made his pension up a couple of years. At this time his father down south became terminally ill and he was busy going up and down on the train to visit, find care and a hospice. My partner thought that during this chaotic and emotional time he informed the DWP by phone that he was in receipt of his occupational pension when it came through. He can’t prove it. Last year my partner wrote to DWP listing his income and the result was an interview under caution as they claim he’s been fraudulently claiming payments from them because he did not inform them of receiving his occupational pension. He was interviewed and told them he thought he had informed them during the time he was dealing with his father. They now want to interview him again under caution about the phone calls. We are worried sick. He never intended to be fraudulent. His emotional circumstances at the time and lack of cognition after his stroke are all we can think of as the reason if he didn’t inform them but he thinks he possibly did but has no record of making the phone call to DWP. The DWP have now reduced his contribution based ESA benefit.

Letters are sent out annually, does he not read them? Did he not notice the money he was receiving was always similar?

Best thing he can do is be honest. The overpayment will need to be paid back but if he's honest they may not prosecute.

OK he thought he had notified the award of the private pension to the DWP by phone at a time when he had a lot on...

...although the DWP would advise to send in documentary evidence as they can't recalculate claims based on a telephone call without documentary proof...

...every year he would have received a pension notification showing what his award for the coming year was going to be. Did he forget to send these to the DWP as well?

Afraid_of_Kittens wrote: »

...although the DWP would advise to send in documentary evidence as they can't recalculate claims based on a telephone call without documentary proof...

How does one provide documentary proof of the content of a phonecall they made 6 years ago?

The DWP can decide the OP has committed fraud but they can't legally prove it, so the worst that can happen is loss of benefits while the DWP seek to claw back the amount they believe they are owed.

The word fraud implies a legal consequence. The DWP would have to prove that you never had the phonecall 6 years ago or the DWP would have to provide a transcript of that phonecall to prove you didn't say what you think you said and the DWP would have to prove that you intentially defrauded them. None of that is going to happen.

If the DWP do have an audio recording then ask them to provide a transcription before your meeting with them so you know what is going to be discussed. They can always refuse but you can ask. Then at the meeting ask why they refused to provide the transcription if they didn't.

If you are sanctioned this is typically done by computer based on the information provided by you - not a human. This is why it comes across as heartless, because it literally is. Don't be disheartened. You can always ask for any sanction (or even any decision effecting you) to be checked by a "decision maker". This gives you another chance to explain your situation as the original sanction will not have taken this into account.

In my experience decision makers rarely change a decision even when it seems an obvious error. But it's better to challenge it than do nothing. If you do nothing it looks like you're accepting the DWP's interpretation of the events.

Don't treat this as "you against them". You will lose, every time. The DWP are actually there to help you (well they're supposed to), so treat this on the level of the information and don't personalise it when talking to them. Because the DWP believe they can never make a mistake, if you imply that then they'll interpret that as you trying to mislead them. Focus on the information, not on the system.

If they say you mislead them, ask them to provide documentary evidence. If that evidence does not prove anything then tell them that you're still seeking documentary evidence. Ultimately this might need to be taken to an advisory service who have more experience dealing with these matters. This then becomes a postcode lottery. If you're lucky there might be an advisory service where you are. If you're looking for referrals to advisory services then visit a charity like Salvation Army, or Shelter and ask for a reference, or even a reference to an organisation that provides references. You shouldn't have to pay for any of this. It should always be free.

The references obstacle course can take a while but it's worth it. Once you're registered with an advisory service they can work through the complications with you. I've been through one myself and they can turn a hopeless situation into a harmonious one. They're like lawyers.

Try to avoid fighting this on your own. Studies show that you're 70% more likely to be successful if someone represents you. Don't let this get you down or make you more ill. Find an organisation that can represent you who has experience of these situations. This also provides a layer of liability protection around you.