Ok, so I have received my over payment amounts. In total, it is £3088.47, this is so much less than what I originally thought it was going to be! Can I assume this will not get me a 24 week prison sentence??

I went for an IUC 2 weeks ago, They wrote why I was being called on the letter they sent. When I got there, they put the recorder on and told me exactly what it was about and then told me I had the opportunity at that point to end the interview and seek legal advice if I wanted to. I chose not too, and continued with the interview. So, if your friend doesn't take a legal rep hey may be able to stop the interview once he finds out what it is about and seek legal advice, if he thinks he needs it. Be warned though I am still seeking legal advice and its been 2 weeks!! Good luck

That is your opinion and you are entitled to it...I'm not arguing with you.

Ok, you are right. I cannot label you all the same. And yes, all my experience is with call centre staff, I just find it hard to believe. Never mind. Yes, I have looked at my figures again & taking off underlying entitlement using the HB online calculator. HB would only be £480 (give or take a few £) And Esa would be nearer the £4000 mark. Which I am aware is still over the prosecution limit. And I have gone through everything, and spotted my mistakes. On my phone bill for May '14 I made a phone call to HMRC (on the day my husband started working) the phone call was 42 mins long- after that I made a phone call to DWP, I t wasn't for very long and was at 4:47 and if i remember correctly, I put the phone down as i didn't have time to wait on hold. and then never got round to it after that, Stupid mistake & yes I most certainly should have rang when the money was coming in my account, but something in my brain was telling me I had already told them & it was their problem to sort out. Well, now i am paying for it. I deeply regret it.

Yes, because you can't make a sweeping generalisation. Because of the different benefits and reasons. You most certainly cannot label a sick person with the same brush as a JSA claimant who refuses to get off their ass and work (this is a minority of JSA claiments) At DWP call centres, you all have the same info & rules. Some just decide to read off or deliver information very rudely. I have never had the pleasure of speaking to someone from a dwp call centre who has been polite and kind, such as yourself. And until I am actually proved wrong, this is my opinion. I am very polite when I ring them. And was extremely shocked when the two women who interviewed me yesterday were polite, I was really happy as it made me a lot calmer. If i had spoken to someone on the phone who was just as polite as my interviewers yesterday I wouldn't have been half as scared as I was.

Well, I can say, In the years I have dealt with the DWP the two ladies I met yesterday were the only ones I can say were nice. That's it. Now I speak to lots of people from the DWP, mostly Via phone. Over the 8 years I have had a claim with them..I would say I have spoken to, at the very least 100 people and out of all the 100 people 2 were nice. I have been called a liar. I have had one woman say, and I quote "If you just got over your illness, you wouldn't have to keep ringing, as you wouldn't need to claim" - And because I got angry with her and swore out of frustration, I got sent a letter saying they would press charges if I did it again. Is that fair? I think not. So forgive me for not believing you when you say the vast majority. Lets go with a minority of the workers have a little bit of compassion, but even they will be passively rude.

I am not sure, The woman I spoke to today seemed to think my calculations were too high and It would be worked out on a number of things, so I am hoping she is right!

Not, even slighly harsh, not one bit! Yep! its has been all over the TV. That one poor bloke who had a heart problem was told he couldn't claim, after his medical, and so he got a job, 2 weeks later he died of a heart attack! Do NOT get me started on the points system when going for a medical exam...That, all by its self is just absolutely shocking!- I got 0 points 2 weeks after a unsuccessful kidney transplant- because I could raise my arms whilst sitting down. Never mind the fact that I couldn't walk & had to be taken to the interview 2 weeks after my transplant, because they refused to move the date! I hate the DWP with a passion, the s**t they have put me through is horrible, and they know it! I am currently in the process of stopping DLA as I would rather be without money that have to deal with them any more... I want no more benefits, I do not want to be scared of waking up to nothing any more, because they have stopped my money without telling me. I shouldn't have to answer for being ill, I shouldn't have to rally round collecting letters from Dr's every year. Going to tribunals every other year. I don't want to be ill either, but out of the two kicking the dwp is the only option I have. When I am not in pain I would love to walk my dog, go swimming ect, but I am too scared to because I am worried someone is watching for that 1 day and I will be accused of benefit fraud again. I am 25, I am sure I do not want to carry on like this. Rant over.

Ok, I found this on Gov.uk D1009 When information affecting entitlement to UC, JSA or ESA is identified, the DM must take the following action 1. except where D1036 applies, give a new entitlement decision by revising or superseding all relevant awarding decisions and 2. determine the period of the resulting overpayment and 3. calculate the total overpayment, that is, the difference between the amount to which there is entitlement or which is properly payable and the amount which has been paid and 4. where appropriate, offset the benefit paid against the new amount awarded and 5. determine the person(s) from whom the overpayment is recoverable and 6. give an overpayment decision and 7. give a decision on whether and on whom to impose a CPen. Doesn't say if that is between WTC and ESA, I will ring my interviewer tomorrow and ask her. No sleep for me

It really wasn't that bad, and the two women who interviewed me were nice. Do the DWP not do 'underlying entitlement'? I mean I wasn't entitled to ESA but I would have been entitled to WTC. It's done now, and I really thought my anxiety would go, but I am now worried about what the outcome will be, and the wait is even longer. This really sucks. Thank you all for your help

Well, I went. It lasted about 40 mins, all they had on me where statements from my husbands last employers. It wasn't pleasant, but it had to be done. I can see now that I was mostly in the wrong, but I still don't understand it fully. Now, I have to wait for a letter telling me how much the over payment is..Can anyone tell me how this is worked out, do they offset it to what you would have been entitled too, or just add it up and throw it at you? I have just been going through all my bank statements & Added everything up, using the info they gave me..and here is what I have; ESA over payments = £7334.75 HB over payments = £3198.00 Total over payment £10532.75 I really hope they offset this and deduct what I should have been claiming. Do you think they will prosecute? I am so p****d at myself and them, surely they talk to each other? they must do, thats how I ended up at this interview anyways!!!!

Ok, I am going today at 1.. I have no one going with me, I am not prepared. I just need to get this dealt with. I cannot sit with this over my head. My anxiety levels and stress levels are ridiculous, I can't eat, sleep, and am failing to function properly. I don't want to go outside because i fear here is someone watching me. There is NO way I can cope for another 7 days.... The woman who is interviewing me seemed really nice over the phone, I hope she continues to be nice when I get there..... I will update when I get back. Just in case someone is facing the same as me. This is how I am on this forum, Google searching!

I did not inform the DWP until October, so I was claiming ESA while my husband was working from May- October. I didn't contact the DWP when I got the back dated tax credits, I have been very stupid and assumed that it would all sort its self out- as it did before. I cannot afford a lawyer, so this is not an option.

You can ring DWP, I got a letter on the 28th Of April, stating my tribunal was cancelled & the DWP had to reinstate my benefit & pay any monies owed, I rang the dwp that day & the money, all of it, was in my account by the 6th May.

Thank you, Bazooka! I know how you feel, I fought them for ages, trying to prove how ill I was, it took 2 years to finally win my appeal, and in the end I wasn't even given the pleasure of even going to a tribunal as the Judge/ decision maker didn't even understand why it had got that far. In a way I feel like they are punishing me because I 'won' and they had to pay me A LOT of money. I have no one to go with me, and from what I have read, for all the help it would be It wouldn't help me any more than taking my dog. They will not let me take my husband, as he may have to be questioned too! I have also read that, people have been told that they are being called for one thing- but when they turn up it is a completely different matter? Is this likely to happen? I mean I haven't done anything, but the DWP seem to make stuff up. I am so concerned they are going to twist and manipulate my words, I am pretty smart, when it comes to problem solving, maths ect...anything on paper, or when I am given a chance to figure it out. I how ever will cave under pressure and cry like a little girl, get very angry and swear so much it would make a sailor look like a nun. Will they stop my tax credits? My husband does not earn enough to pay everything. Am I allowed to record on my phone? can I take notes? how long will the interview be? I have heard it can take hours... I am sorry I am asking so many questions. I am trying to prepare my self for this interview.

Ok, this is going to be long, but I really need some help! I was in receipt of ESA & HB for myself and partner, from 2007-2014. Due to Kidney failure, Dialysis and two kidney transplants. My DH started work in Jan 14, I told the tax office straight away, they swapped all my benefits over to the correct ones, no problems. My Husband then quit his job, due to being offered a better job, this was in march. We didnt know his new start date so i switched al the benefits back over, all sorted. He started his new job in may- The day he started I won a tribunal from 2012, giving me all my back dated money and reinstating my benefit. Now, my husband was working, and I remained on ESA. I 100% thought I was entitled regardless of my husband working, because I was receiving it for being ill. In October 2014, someone mentioned that I should probably ring the tax office and tell them that my husband was working, That is what I did, and a few weeks later I was given back dated money from tax credits, but the ESA was still there too. I still thought I was entitled, because 1- the tax office sorted it before, so I assumed they would this time. 2- I was claiming due to illness. In December I was offered a job, I accepted, I rang the DWP and told them and they stopped my benefits. Two weeks later, I couldn't cope with the job, It was to tiring, I suffered a miscarriage and was just to 'done' my husband also handed in his resignation, because i needed help dealing with his daughter who lives with us. Tax credits stopped. So i rang the benefts office and told them, the set up my claim again and I was in receipt of ESA again. Lastly, come April, I was better, could look after myself ect my husband took his old job back, I rang the DWP all benefits got swapped to the correct ones. I am in receipt of WTC, CTC, DLA & HB. I got a letter from DWP this morning asking me to go in for IUC for claiming whilst my husband was working. Am I in serious trouble, I genuinely didn't know I was claiming the wrong benefit. I'm so confused by this all. And so unbelievably scared of going to prison. My husband and I worked out that, if it is what we think it is, the over payment would be £7k.... I am a strong woman I can deal with being in the wrong & can face being fined, I'll pay it all back. I just really really do NOT want to go to prison. Please help.