Carers Allowance IUC

[xcn76]

Hi all I have posted here previously re the fact I have written to the carers department to say I am no longer entitled to the allowance due to my hours, which transpired no longer entitled due to wage and that I have been overpaid for about 4 years. I understand that and am looking to pay it back but they are now asking me to come to an interview under caution next week as they suspect benefit fraud, I have answers to the problem from this forum but have 2 queries

 

1) what will they be asking in an interview? what do I need to take with me?

2) Should I get a solicitor to go with me and is this costly, I do earn a wage

 

Thank you

[Life-Goes-On]

As the interview can be used in court I'd certainly want a solicitor with me.

Make sure it's one that is knowledgeable in benefit law.

[SKJP]

They will ask you some questions they pretty much already know the answer to, e.g. about your working hours, earnings, etc. (bearing in mind that an overpayment has already been established). However, and crucially, they will also ask questions to establish whether or not you understood all along that you weren't entitled (i.e. was it blatant fraud, or was it an innocent mistake?).

 

I understand from your previous posts that you wrote to them and basically 'fessed up. This is good, and would work in your favour. 'Voluntary cessation' of offending goes a long way, as far as them deciding what to do next.

 

However, they may argue that you only 'fessed up because of the fact that Tax Credits planted the seed in your mind - i.e. from their point of view, you could have come clean because you knew you'd soon be caught. This is bad, and would work against your favour - so there are two sides to the coin. I'm not saying you intentionally set out to defraud, I'm just playing devil's advocate.

 

The interviewer(s) won't be all sweetness and light. They're there to basically grill you. However, they should be reasonable with you, listen to you, treat you respectfully and so on.

 

Have a look at this guide for some info about IUCs... http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

 

If you're able to get a solicitor, then this is strongly recommended. However, there are some issues, such as local availability of a solicitor who specialises in benefits, plus the funding side of things. There appears to be some debate as to whether or not this service falls under the remit of legal aid - it appears that some solicitors will work on this basis, whereas others won't. Almost all solicitors, however, will be able to quote you a fee for their time, and it may (or may not!) be affordable/reasonable. You can also consider things like taking along a CAB adviser or other benefits specialist, but again, availability issues may also crop up.

 

PS: always remember that you have the right to remain silent, as well as the right to leave the IUC, or the right to suspend the interview at any time in order to seek legal advice. You will be reminded of these rights just before your IUC starts, do consider, though, that silence can be deafening and can effectively be used against you, too...

[jadeybags]

When I had an over payment over 500 pounds I had to go to one of those interviews, the compliance officer I had, did say that's pretty standard procedure for amounts over 500, & the fact I had my over payment bill & steps in place to pay it back made no difference to that. But when I had the IUC, the lady really was sweetness & light to be honest! But I am aware I got lucky. But you may do too. I would take a solicitor along with you though, if you can, although they don't usually supply solicitors for IUC's on legal aid. But it does happen occasionally. I took my dad personally, he offered, I said no ta, but then decided I may as well. Was just a bit of support. They aren't supposed to speak, but my dad was asked what he thought of it all whilst the tape was running, almost like the woman wanted him to slate the worker that messed up my claim in the first place? Who knows...

They'll pull out your claim form & ask if it's your signature & that you understood to let them know of changes etc.

And ask you to put your side across. Best thing is to answer their questions, yes or no, & not get carried away with lots of details as primarily they are doing this taped interview to gain evidence to use for any future prosecution.

It's not a police interview, but is based on the same rules as.

It's a rubbish time to go through, but the worst will be over eventually & life does get back to 'normal' in the end. Even though you can't envisage it at the time.

[xcn76]

Thanks for the replies. I will certainly look into trying to get a solicitor as am worried about saying the wrong thing. I understand what you mean about tax credits and TBH am looking at that as a thank god they did! this could have gone on for yearas as I genuinley did not know I always assumed it was same as DLA and not income related but lesson learnt!

 

We are talking about 4 years of payments which is going to equate to alort do you think they will look at prosecution ? I am a single mother with 2 kids (1 disabled) and that would break the family and me.

[SKJP]

Hi xcn76,

 

Four years’ worth of CA payments would ordinarily cross the usual threshold for prosecution, yes (by a country mile), but, it’s not just about the amount of money involved.

 

Regardless of the amount involved, they need to be satisfied that you intentionally set out to defraud before any prosecutions or other further action will be considered. People aren’t prosecuted willy nilly for genuine mistakes. However, the IUC will be used as part of their assessment as to whether or not it was a case of genuine mistake – hence why advice/legal representation is so important. If you can’t obtain this advice/rep in time, you have the right to postpone your interview – just make sure you contact the DWP to let them know.

 

‘Punishments’ for benefit fraud range from absolutely nothing, to imprisonment. In between those two are a variety of punishments, such as a caution or administrative penalty (like a civil ‘fine’). When prosecutions occur, and the defendant is convicted (bearing in mind that not-guilty verdicts can arise), punishments again range from absolute discharges, to imprisonment. Again, there are a wide variety of other criminal punishments, like community service, fines, etc.

 

However, rest assured that prison is ordinarily reserved for repeat, and/or very serious offences. A carers allowance overpayment spanning four full years would be somewhere in the region of £11,000. This sounds like a hell of a lot of money, but it is reasonably modest as far as benefit fraud cases go. There have been cases where people have been convicted on amounts well in excess of that, and have escaped prison. Again, people aren’t just put behind bars willy nilly. If this is your first offence, I can say with some confidence that a custodial sentence is extremely unlikely.

 

So, if the worst happens, and you find yourself prosecuted, it will not necessarily lead to the breakdown of your family. When sentencing, the court will take all sorts of matters into account, such as your family situation, your work situation, the health of yourself and your children, and so on.

 

Once again, the fact that you voluntarily disclosed your ‘offending’ (perhaps whilst not even knowing that you were offending) will go some way to help you at all stages.

 

So yes, prosecution is a possibility, but not an absolute certainty. Being prosecuted and convicted for what could have arguably and reasonably been a mistake/oversight is very different to being prosecuted and convicted for blatant fraud, driven by greed and so on.

 

Please try to obtain advice before attending your IUC.

 

Psst: they will ask you during interview if you actually read your annual letters relating to benefit entitlement, specifically the part on how to report a change of circumstances. I’ll leave the jury out on how those questions should be answered…

[xcn76]

Thanks for all the replies, I have my meeting tomorrow at 11.00am and have got a solicitor who specialises in benefit claims, so all though am feeling extremely sick I am hoping it goes ok

[xcn76]

Hi for those of you who have seen my previous posts, I now have a letter stating that I owe £7121.90.

 

I am assuming that I am still to be prosecuted? This seems alarge amount to not be

 

I am wondering what is the best course of action to repay this money.

 

1) I could pay it all now

2) If I am convincetd wrongly of intentional fraud I loose my job therefore the £7k I have now will be needed to live on

 

Does anyone have any advice?

[Conniff]

No need for a new thread for an update xcn, it will get lost and have little meaning so I have tagged it on to the end of your original thread.

[Stan Lee]

Hi for those of you who have seen my previous posts, I now have a letter stating that I owe £7121.90.

 

I am assuming that I am still to be prosecuted? This seems alarge amount to not be

 

I am wondering what is the best course of action to repay this money.

 

1) I could pay it all now

2) If I am convincetd wrongly of intentional fraud I loose my job therefore the £7k I have now will be needed to live on

 

Does anyone have any advice?

 

This is a hard question to answer: only you know the ins and outs of your financial situation. If memory serves, repaying in full won't necessarily stave off a prosecution, but it can count in your favour (don't take this as gospel, but I think I read that the file that gets submitted to the lawyers contains information as to how much has been paid back -- I could be wrong on that though, and am open to correction).

 

What indication have you had that you will be prosecuted? Were you told this at the IUC? Did you attend with a lawyer, and/or sought legal advice on this? Speaking to your local Welfare Rights adviser might not go amiss, as they will often have dealt with local fraud investigations, and so know the lay of the land. Also, having a lawyer write to the prosecutors detailing why it is not in the public interest to pursue you might be an idea (although how successful this might be, I don't know). I'm not overly experienced in these matters so don't take what I'm saying as definitive or (even informed), but perhaps you need to ask these questions to professionals who can go over your situation and give you a more informed opinion as to the best way to proceed.

[Nystagmite]

I am wondering what is the best course of action to repay this money.

 

Set up a payment plan?