Interview Under Caution

[mrsmop]

Ive been asked to attend an interview under caution regarding my claim to income support.... i havn't been claiming housing benefit or income support for almost 5 months?!!!!!

 

Do i have to go? i have an idea why... but if im right, they've really got it wrong!

 

My partner and i split before our baby was born and i didnt see much of him nor really new where he lived (no fixed address) and couldnt contact him. i told CSA this and apparently they contacted him and he attended an interview butt they never got back to him after that (nothing to do with me) anyways last summer he popped back up in my life (our daughter almost one at the time) and he made an effort to see her (still didnt help me out financially). around autumn time we started seeing each other again and i went back to work in october, cut a long story short were marrying this april but still dont live together (fathers religious beliefs) so therefore i claim working tax as a single parent (nothing to do with income support)

SO i think if anything they may have put 2 and 2 together and made 5?

[flyingdoc]

You have to go, but just because you have been called to the interview does not mean that you have done anything wrong.

 

Tell them the truth of the situation and see what they have to say.

[mrsmop]

bummer. im dreading it! he has had mail to my address in the past and has used my bank to have wages paid into when he has been overdrawn so would this be 'incriminating evidence'???

[peterlucas]

The important thing is to avoid saying anything that could be INTERPRETED as incriminating you.

[JonCris]

You don't have to go As your not under arrest you can refuse However they could threaten to stop your benefit which would be unlawful, but it's common tactic.

 

If you do want to be interviewed you can insist on being accompanied & more importantly you can insist on being interviewed at a police station where the interview will be properly recorded both orally + visually & in accordance with PACE where they cannot deny you your legal rights such as being legally represented

 

AND if charged you will be entitled to a copy of the recording whereas they will place obstacles in the way if they do the recording at their offices

 

They won't like it & will make up all kinds of stories to get you to comply DON'T

Edited March 2, 2009 by JonCris

[Conniff]

I like the bit of advice given to someone in similar circumstances as yourself.

When they read the caution and ask if you understand, say 'no'.

[Joa]

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

 

How to handle interview under caution

[JonCris]

Mrsmop Please note that although they may deny it (as they have done before to other claimants) your ARE entitled to an unadulterated copy of the tape to be given to you not later than at the immediate conclusion of the interview. DON'T be fobbed off in this regard

 

It's also important that you be accompanied & that you take notes

[andie_303]

One question though you say you're not living together and claiming as a single parent BUT have you declared to the tax credits people any support your partner is giving you? If not and you say it is nothing I believe it doesn't matter if he is living with you you have to declare all support you recieve.

 

If you haven't they may have a point about overpayments

[DCA-KING]

For the sake of 15quid i bought a recorder from argos and when you go in just tell them that as its legal for them to record you its also legal for you to record them and i turn it on they dont like it

 

regards DK

[JonCris]

For the sake of 15quid i bought a recorder from argos and when you go in just tell them that as its legal for them to record you its also legal for you to record them and i turn it on they dont like it

 

regards DK

 

Well Done bet they behaved themselves

[davey77]

Here is a similar thread about being interviewed under caution and it turned out ok in the end:

 

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/177084-suspected-fraud-interview-under.html

[change2baz]

You don't have to go As your not under arrest you can refuse However they could threaten to stop your benefit which would be unlawful, but it's common tactic.

 

If you do want to be interviewed you can insist on being accompanied & more importantly you can insist on being interviewed at a police station where the interview will be properly recorded both orally + visually & in accordance with PACE where they cannot deny you your legal rights such as being legally represented

 

AND if charged you will be entitled to a copy of the recording whereas they will place obstacles in the way if they do the recording at their offices

 

They won't like it & will make up all kinds of stories to get you to comply DON'T

 

As a fraud investigator what is quoted above is false. 1) if you are called in for an interview under caution and do not contact the office to say you will not be attending then yes we can ask for your benefit to be suspended on the grounds that there is a doubt about your address. 2) Just because you don't turn up does not mean that the department cannot take action against you, we can and do. 3) You CANNOT insist that the interview is carried out at a police station. Even if you were interviwed at a police station it would not be visually recorded. 3) All IUC's in our offices or even at your own home are carried out under the Police and Criminal Evidence Act, are tape recorded, you have the right to either have someone with you and you can be legally represented, although you have to pay. What you have to remember is the interview is your chance to give your side of the story.

[JonCris]

Sorry mate & don't care if you are an 'investigator' but that might be what supposed to happen but doesn't. Also if your to be interviewed 'under caution' you ARE entitled to have it take place at a police station.............It does appear that too many benefit agency staff have little understanding of PACE

[change2baz]

Sorry mate & don't care if you are an 'investigator' but that might be what supposed to happen but doesn't. Also if your to be interviewed 'under caution' you ARE entitled to have it take place at a police station.............It does appear that too many benefit agency staff have little understanding of PACE

 

Perhaps you can tell me in which part of pace does it states that all IUC's must take place at a police station. I have checked my copy and there is no mention what so ever.

[DCA-KING]

And when you go in for a IUC they ask whos with you and sometimes wont leave your partner to sit in with you

under pace you have aright to have someone with you so why do you sometimes not let them also i have a legal right to record my own interview with or without your permission, it only becomes illegal if i make it aval to 3rd partys. But i can make a transcript

Regards DK

[odds]

Sorry mate & don't care if you are an 'investigator' but that might be what supposed to happen but doesn't. Also if your to be interviewed 'under caution' you ARE entitled to have it take place at a police station.............It does appear that too many benefit agency staff have little understanding of PACE

 

Perhaps you can tell me in which part of pace does it states that all IUC's must take place at a police station. I have checked my copy and there is no mention what so ever.

 

I don't think JC said that ALL IUC's must take place at a Police Station, if you read his statement correctly, he said "you are entitled to have it held at a Police Station"

Just a small technicality.

[soslasthope]

How long do they keep the tapes or rather is there time limit that one can apply for a copy

Thanks

[kk3852]

We still do not have a response from JonChris as to which section of PACE he is referring to when he says that it is a persons right to request an IUC at a police station!

 

I have read some of his posts and have formed the impression that he is not here to help people, he scares them instead with misinformation.

[flyingdoc]

I have read some of his posts and have formed the impression that he is not here to help people, he scares them instead with misinformation.

 

It is one thing to disagree with JonCris, I personally can find no information either in PACE or anywhere else where it says that you have the right to have the IUC conducted in a police station, but I think you are out of order making this post.

With over 7000 posts and a feed back rating so high - I think a personal attack like that is unwarranted.

[andie_303]

We still do not have a response from JonChris as to which section of PACE he is referring to when he says that it is a persons right to request an IUC at a police station!

 

I have read some of his posts and have formed the impression that he is not here to help people, he scares them instead with misinformation.

 

 

How is that scaring them with mis-information? - if anything I would feel better in a secure setting such as a police station where I knew things could be more impartial. If it is a right that people have why should people not be informed of such?

 

If anything and without being disrespectful everyone on here is entitled to their point of view as long as it is expressed with respect and without slandering others which I feel you are not doing.

Perhaps causing friction for the sake of it - not the purpose for this site.

[andie_303]

and BTW aren't you straying for the OP posts and therefore spending this thread arguing the toss about something instead of doing what you profess JC is not - helping people - again with all due respect haven't seen much of that from your end either so maybe you should just call the arguement quits are start working for the greater good!

[mrsmop]

Hi

 

Thanks for all the advise. Everyone keeps mentioning i may get my benefit stopped, but the point im making is i havn't claimed benefits for over 5 months!

[GEORGE SAINT]

They obviouusly cant stop it then!!

 

 

Have you phoned them and asked them what its about or is there any more information on the letter inviting you in?

[GEORGE SAINT]

Mrsmop Please note that although they may deny it (as they have done before to other claimants) your ARE entitled to an unadulterated copy of the tape to be given to you not later than at the immediate conclusion of the interview. DON'T be fobbed off in this regard

 

It's also important that you be accompanied & that you take notes

 

 

Just wondering how they can 'adulterate' the tape when they seal a copy in your presence???????????