DWP Interview Under Caution

[sinkinghelp]

Hello Nystagmite

 

Thanks for your reply. The last two weekly paid Incapacity Benefit I received was the 31st of October 2011.

 

The next payment should have been the 14th but nothing was received - when when I telephoned I was told it was suspended etc etc

 

Although I have never received anything in writing and it was suspended I have not receieved any money since then until today

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello All

 

Still no paperwork from DWP.....One question I wonder can anyone help with. Incapacity Benefit has an £85.00 per week limit - how does the DWP calculate the reduction of Incapacity Benefit in relation to a small pension income is there a caluclation or sliding scale ?

 

regards

 

sinkinghelp

[flumps1976]

My understanding is the first £85 is ignored and then half of the excess is dedcuted.

for example

private pension is £100 per week, so £100.00 - £85.00 = £15.00 and £15.00/2 = £7.50 deducted from Incapacity Beneift.

[sinkinghelp]

Hello Flumps 1976

 

Thank you for a quick response. I will have a go with that calculation and see what they have worked out

 

Once again many thanks

 

regards

 

sinkinghelp

[flumps1976]

Had anothre look and you posted your pension figures.

£280 pcm *12 /52 = £64.61 pw

£380 pcm *12/52 = £87.69 pw

 

£64.61 + £87.69 = £152.30 pw - £85.00 = £67.30 /2 = £33.65 to deduct pw from your Incapacity Benefit.

 

Happy to be corrected by anyone if this is wrong.

[sinkinghelp]

Hello flumps1976

 

Thanks very much for the calculation it does really help me understand now why they have taken perhaps such a ruthless and aggressive manner with me. I do not know how the DWP have got it so wrong in the first place But one thought as it may be since 2008 it will add up to quite a serious amount of overpayment.

 

Oh dear I really am in the mire and dont know what to do now

 

Thanks for the calculation

 

regards

 

sinkinghelp

[MCBIRNIE25]

Hello,

may i put my tuppence worth in here too?

 

Firstly make a SAR request to the DWP. You have a legal right to your file, and you will find that very often, copies of most telephone conversations are included too. If the system was updated at the time. If you need a template letter to make this request then please message me. Secondly, I would toddle along to see my M.P. Why? Because this chap has an extraordinary amount of power, you elesct him, so use him. A lot of cases I have done where i have involved the clients M.P have been quickly dealt with. I would also formally request a copy of how many errors were made in every year by the DWP as a Freedom of Information request. Again, this has to be given when asked.

Secondly, DWP benefits and overpayments do count in bankruptcy see Balding v Secretary of State for Work and Pensions. It formulates an argument in my mind that I would use. I will post it later, because I wanted to get my wording clear. My head is all fuzzy today due to being unwell.

[sinkinghelp]

Hello MCBIRNIE25

 

Again many thanks for the reply. Very good points there A templete letter would be extremely helpfull. Since 2005 my life has turned upside down and I know its no excuse but I have have parents dying - family arguments - then a nasty job loss followed by a long running tribunal. It just goes on and on. My illness got worse and to be honest what ever I was told I just on with it. Whereas before I would have checked up.

If you have any thoughts more on what you have posted that would be so helpfull. One thing I am sure about is that I was told on the phone that my ill health pension was to be disregarded. I have always fully completed everything else

 

I cant see how to message you so if you how to do this please contact me in this way and I will read what you send

 

regards

 

sinkinghelp

[sinkinghelp]

Hello MCBIRNIE25

 

I have had chance to try and read the case you have quoted above and I just cant get to grips with it. I read it to say that unless the overpayment was known prior to the bankruptcy it could be argued that any overpayment can still be claimed.

 

As I said I dont really understand all of what is in the judgment - I am most likely wrong

 

Hope you feel well enough sooner rather than later

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello there

 

Bit of an update........I received a letter from HMRC which gives details about a Tax change. It seems the DWP have advised HMRC that my new Incapacity Benefit is now £3,554 I have also still yet to receive any information from DWP at all so today I will write and ask for an explanation about what has happened so far.

 

If I get any more information I will post in the hope someone can make sense of it

 

regards

 

sinkinghelp

[sinkinghelp]

Hi there

 

Got my letter today from DWP Fraud Section

 

Interview under caution 11 am on the 22nd of December for alledged criminal offence concerning Incapacity and Income Support - Housing Fraud will be there as well

 

So I really have a trio of folks to face

 

Oh well

 

regrads

 

sinkinghelp

[sinkinghelp]

Hi folks

 

Just a bit of an update.

 

I wrote all the letters and sent them recorded delivery. NO reply so far from DWP.

 

So just counting down the days to the formal interview.

 

The waiting and wondering is horrendeous and I am having to use my GTN on a daily basis when before all this is was occassionaly

 

regards

 

sinkinghelp

[sinkinghelp]

Hi folks

 

I have now had the oppertunity to visit CAB and all the welfare rights and help groups locally and no one has the expertise to either come with me to the interview or advise me as to what to say or not say. Well I know what I was told and I was told either by ignorance or pure evilness by the DWP employee in telling me my old 1980's pension was disregarded. Now I know different but way back when I made a claim I just followed their advice.

 

Neither the DWP or Council have responded to my letters so I assume that must be their policy until after the interogation has taken place

 

Locally they are refering more cases to Crown Court as oppossed to local magistrates court.

 

Oh well - I will let you know how it goes after next Thursday

 

regards

 

sinkinghelp

[sinkinghelp]

Hi folks

 

Well I had a reply today to one of the many letters I have written to the DWP. It has arrived 3 days before the dreaded interogation and it asks for more information !

 

This has got to be tactic and the local council have not replied to any of my letters either.

 

So I am not going to get a response to my questions before the interview under caution I can only assume that it is in case I get a read of something - who knows

 

I still cant understand how the DWP get away with the amount of great emphasis on telling you its like a police interview and follow their rules when in fact if the police did not supply a solicitor for their interviews under caution the civil rights folk would be up in arms !

 

regards

 

sinkinghelp

[jadeybags]

Good point! It's not like a police interview, in that you don't actually have to go! I like the way they always send the awful letters out to arrive on a saturday too most the time!

[sinkinghelp]

I posted my letter containg all the letters I had written on the 5th of December 2011 by recorded delivery.

 

Track and Trace reveals that it was delivered the day after

 

The DWP letter says my letter was NOT received until the 13th of December 2011.

 

Conviniently too late to action my request for information in time for the interview this week in 3 days time

 

But of course the DWP do not make mistakes do they !

 

regards

 

sinkinghelp

[tabs666]

Hi

did you declare these pensions on your claim forms and on any subsequent review forms? There is a specific question and a catch all of "do you have any other income?" As an investigator, if you have answered those questions "no" and I can prove "yes", then you are in trouble. My argument would be, if you thought the pension didn't matter and wouldn't affect your benefit, why didn't you declare it?

 

Investigators aren't monsters, usually, so the IUC whilst stressful is really just a conversation. Take someone, anyone calm and sensible with you for moral support if you feel the need, but they will not be allowed to speak for you.

[sinkinghelp]

Hello tabs666

 

Thanks for the reply. I was most definetly told that my second pension because of its age would be discounted and so I have followed the instruction. We were also told that despite my wife suffering with asthma - artheritis- fibromyalgia and more recent acid reflux she could not claim for any benefits and so we never have.

 

In the cold light of day and especialy as I do not receive help with mental health issues I can see what you are saying as logical. I did declare both incomes to the court for the bankruptcy as that obviously was not anything to do with benefits.

 

I have had to ring DWP as still I have received NO letters in response to my request for information and they have reduced my Incapacity Benefit to £50.00 per week

 

So interview in the morning as I will see how it goes. Sadly I do not know anyone well enough to come along with me so I will just try and do the best I can

 

thanks for the response though

 

regards

 

Sinkinghelp

[sinkinghelp]

Well the day before my interview and I have received a letter from the DWP stating that the 3rd of November 2011 my Incapcity Benefit was suspended and amended and the actual amount I am to receive is £34.07 a week !

 

The letter also states that they wrote and told me - which they did not !

 

So looks like a most unpleasant day in the morning

 

I will when I can update so that anyone reading this post will come up to where I am at

 

regards

 

sinkinghelp

[honeybee13]

Hello again. Best of luck tomorrow and please let us know however it goes.

 

My best, HB

[Nystagmite]

Good luck. Can you ask for a copy of this letter they supposedly sent you?

[MrNobody]

Best wishes for tomorrow, sinkinghelp.

[sinkinghelp]

Hello everyone

 

Many thanks for the goodwishes and I will update on here when I return and hopefully someone esle may benefit from anything I mention.

 

The form they supposed to have sent me was an IB30CC

 

I have sent back the form they eventualy sent me regarding the Subject Access Data request I have posted back but the Freedom of Information request has fell into the wayside somewhere and I need to resend the request again

 

Strange how they can loose documents - letters - nothing said

 

One thing that is bothering me is the way DWP do not have to provide a legal representative in the way the Police do. I am suprised some civil rights group has not taken them to task over this, can you imagine the uproar if the Police said right thats it provide your own from now on!

 

thanks again

 

sinkinghelp

[confuciused]

Good luck tomorrow! Don't forget that as your attendance is on a voluntary basis you can get up and leave at any point if you feel like you have had enough! Will be thinking of you.

 

All the best!

[jabba jones]

An IB30CC is the letter issued to notify you that your IB award has been reduced dueto an Occ Pen. The last time I saw one it had to be completed by hand by the benefit processor.

 

But as Tabs666 has already mentioned & why I asked how you claimed IB earlier in the thread (then missed your reply!), what you have put on your original claim form makes or breaks your case.

 

IB claim forms are very specific on this matter & it actually asks if you receive an occupation pension. It's a Yes/No answer. There are no caveats about how old the pension is because that's irrelevant. If you've said no & then signed the declaration at the back of the claim that states the information you've provided is correct then it doesn't look good. The claim & award would be false from the outset.