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  • FIRST POST
    Tromsogirl
    Second interview under cautionMy partner was interviewed 8 weeks ago by DWP as they claim he has not
    • #1
    • 1st Apr 18, 1:19 PM
    Second interview under cautionMy partner was interviewed 8 weeks ago by DWP as they claim he has not 1st Apr 18 at 1:19 PM
    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 canít prove it. Last year my partner wrote to DWP listing his income and the result was an interview under caution as they claim heís 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 didnít 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.
Page 2
    • dippy3103
    • By dippy3103 3rd Apr 18, 7:43 PM
    • 1,815 Posts
    • 2,670 Thanks
    dippy3103
    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..
    Originally posted by aaronlowe
    Not totally accurate.

    In the context of an IUC any sanction decision is taken by the fraud team leader - and in this instance it would be a prosecution or an administrative penalty if the fraud team leader felt there was a case to answer. There may a a loss of benefit strike on top of that if an ad pen were accepted or a prosecution brought.

    It doesnít sound as if there is any dispute re the basic facts (ie an overpayment caused by an Occ pen not being taken into account) and that this really comes down to if it was declared and if not why not.
    • BorisThomson
    • By BorisThomson 4th Apr 18, 8:39 AM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    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.
    No, a sanction is decided on by a decision maker, a human being. A mandatory reconsideration will be done by a second DM.

    Please stop with all the duff information.
  • Tromsogirl
    Thank you very much Ames. It's very kind of you to explain it to me. It was above £85. Thank you for helping x
    • TELLIT01
    • By TELLIT01 4th Apr 18, 4:56 PM
    • 4,892 Posts
    • 5,240 Thanks
    TELLIT01
    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.
    Originally posted by aaronlowe
    Absolutely incorrect. The requirement for any sanction needs to be determined by a Decision Maker.
  • Tromsogirl
    Thank you all very much for your help and words of encouragement. I replied here last week using my phone but I can't see what I wrote so guess the post from my phone didn't work. Sorry.

    I have difficulty finding this thread when I log into the MSE site. I'd like to be able to "watch" the thread and have the MSE site email me when there is a new post on the thread. I.m frightened I'll miss a post from someone kind enough to reply to me here.

    I have applied to the DWP for transcripts of phone calls. I used a SARS form available easily on the internet from a recognised site. My husband completed it as a Word document and we took it to the local job centre. A very kind lady faxed it to the correct department. It was such a relief. The DWP phoned back to say they had received it and they would supply the information within 40 days. However, the SARS form only allows you to request clerical or computer information, not specifically phone call transcripts so we wrote our request for phone call transcripts specifically on the form in the most appropriate box. Here's hoping. Also, I have applied to BT for our bills from that period but because they are all archived, it will take up to 25 working days to find them and then they will send them in the post. I was hoping for an electronic copy (as we have our bills online) so I could do an electronic search. Going through 12 months of phone call numbers will keep me busy. This means that the second interview under caution will be adjourned until I have the relevant evidence of a phone call and possible transcript. Thank you all for your support. I am really, really grateful X
    • Savvy_Sue
    • By Savvy_Sue 7th Apr 18, 3:02 PM
    • 38,491 Posts
    • 35,153 Thanks
    Savvy_Sue
    Thank you all very much for your help and words of encouragement. I replied here last week using my phone but I can't see what I wrote so guess the post from my phone didn't work. Sorry.

    I have difficulty finding this thread when I log into the MSE site. I'd like to be able to "watch" the thread and have the MSE site email me when there is a new post on the thread. I.m frightened I'll miss a post from someone kind enough to reply to me here.
    Originally posted by Tromsogirl
    When you're typing a reply, scroll down before you finish and you'll see a box which says "Thread subscription". Change this to instant or daily email notification, and that will happen. There is another way but that's probably simplest.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
  • Tromsogirl
    Thank you. I'm using my phone but can't see the box thread subscription. Must be the version on my phone. I'll try on the main computer tonight x
    • NYM
    • By NYM 11th Apr 18, 12:10 PM
    • 3,541 Posts
    • 6,455 Thanks
    NYM
    Thank you. I'm using my phone but can't see the box thread subscription. Must be the version on my phone. I'll try on the main computer tonight x
    Originally posted by Tromsogirl


    I think it's in the 'Thread Tools' box
    • Savvy_Sue
    • By Savvy_Sue 11th Apr 18, 8:04 PM
    • 38,491 Posts
    • 35,153 Thanks
    Savvy_Sue
    I think it's in the 'Thread Tools' box
    Originally posted by NYM
    Yes, that's the other option I talked about. But as I very very rarely access MSE on my phone, I can't help!
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • NYM
    • By NYM 11th Apr 18, 8:12 PM
    • 3,541 Posts
    • 6,455 Thanks
    NYM
    Yes, that's the other option I talked about. But as I very very rarely access MSE on my phone, I can't help!
    Originally posted by Savvy_Sue

    I think your way is probably easiest. I'm using the old 'green' forum layout but if using the newer 'blue' one, it's next to the red Post Reply bit...

    Of course, if someone is colour blind, it could be a real problem!
    • Tommo1980
    • By Tommo1980 11th Apr 18, 8:12 PM
    • 374 Posts
    • 587 Thanks
    Tommo1980
    Switch to desktop view in your mobile browser and you should be able to find it.
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