Interview Under Caution

[charliesgranny]

My son has just recieved a letter to attend a letter under caution and it says they suspect he has committed a criminal offence because of changes in his circumstances. He works full time which they already know but he gets DLA he has no changes in his health other than actually getting worse. I am worried sick about him, what will happen at this interview? He cannot cope with pressure and he is in a right state.

[charliesgranny]

After asking around we have been advised to get someone to go with him but evrywhere we have tried is fully booked so no one available and the interview is next week so some places still have people off for the easter hols I just cant think of anywhere else to turn for advice.

[feelingsad]

Is DLA the only benefit he gets?

[charliesgranny]

Yes DLA is the only benefit he works and they know this. He gets high mobility and low care.

[assisted blonde]

If you cant get a solicitor make sure you or someone else goes with him.

[SKJP]

My son has just recieved a letter to attend a letter under caution and it says they suspect he has committed a criminal offence because of changes in his circumstances. He works full time which they already know but he gets DLA he has no changes in his health other than actually getting worse. I am worried sick about him, what will happen at this interview? He cannot cope with pressure and he is in a right state.

 

Unfortunately, DLA eligibility is not based on your health as such, but upon your care and/or mobility needs.

 

The requirement for high rate Mobility is that the claimant should be unable to walk (literally), or unable to walk without severe pain and discomfort (classed as 'virtually unable to walk'). These problems should persist for the majority of the time. There is usually no entitlement to HRM on 'mental' grounds alone, unless 'mental' problems put the claimant in severe danger when out and about alone. Normally, a very severe level of mental impairment is required in order to claim HRM on these grounds.

 

LRC (low rate care) is slightly more straightforward. One of the many eligibilities arises from the inability to do simple tasks like prepare a main meal (on physical or mental grounds, or both).

 

Of course I know absolutely nothing about your son, but a common theme to these things is claimants being reported as being much more mobile and/or 'independent' than they claim. Ultimately, claimants are often (though not always) filmed covertly by the DWP, doing things that they 'shouldn't' do, like walking around apparently normally for prolonged periods, and on different days.

 

The thing is, though, levels of 'pain and discomfort' are highly subjective and usually difficult to detect. To one person, a claimant may appear to be outwardly 'normal', yet may be suffering from excruciating pain or discomfort whilst going about their normal mobilities.

 

During interview, your son's original claim form is likely to be produced, and any points that appear to be exaggerated or unrealistic will be scrutinised. I'm not personally saying your son has done wrong, just setting the scene for what is likely to happen.

 

The fact that he's working is not a problem, in and of itself. However, if the nature of his work directly contradicts the level of care and/or mobility needs he's claimed for, he may run into difficulties.

 

You're right in wanting to obtain advice/representation, and you can postpone the interview until somebody is free to accompany him, if necessary.

 

If he has mental health problems and/or learning difficulties, he can be accompanied by an 'Appropriate Adult'. If he doesn't have mental health problems, he can still be accompanied by a friend or relative, but they will not be allowed to speak during the IUC.

 

For general advice on IUCs, look at: http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

 

All the best.

[charliesgranny]

Hi thanks for the reply, I am going to try and contact some solicitors tomorrow, the welfare rights are too busy and dial have said that their work load in our area is massive so neither of these can go with him. I have tried to call the CAB but, they were closed so will try again in the morning. I feel sick with worry and he is really stressed.

[Nystagmite]

Is there someone from a local charity related to his condition who can go?

[charliesgranny]

His conditions are mobility he does not have any mental health problems. He suffers from systemic scleroderma, morphea,syncope, arthritis and also has skin conditions which make his skin inflammed and raw.

[charliesgranny]

Is there someone from a local charity related to his condition who can go?

 

I have tried to call different places today but I cant think of anywhere else to call.

[SKJP]

I know it's easier said than done, but try not to let him panic too much. Of course that's easy to say when it's not ME facing this, but it just won't get him anywhere.

 

Just focus on obtaining some kind of qualified advisor/representative to accompany him, if at all possible.

 

Wishing you the best.

[charliesgranny]

Thankyou for the replies and the good wishes, we have been advised by the CAB and a couple of charities that I called to get a solicitor so the CAB gave me a number for someone who specialises in this area, we have an appointment later this afternoon. We have not had much sleep but lets hope the solicitor can help ease my sons stress levels.

[sadone]

I hope it all gets sorted asap, and I hope you'll report back here and let us know how it all went.

[charliesgranny]

I hope it all gets sorted asap, and I hope you'll report back here and let us know how it all went.

 

Thankyou I will keep you all informed and I am sure I will be back for more advice.

[charliesgranny]

We saw the gp last night and he was horrified to say the least that anyone could think that my son would not be entiteled to his DLA he is providing us with copies of letters from specialists etc and writing a letter himself for us to take om the day. Meanwhile we have seen a solicitor and he has asked the DWP why they want to speak to him and they have said they got a phone call saying my son can do things he should not be able to do if he was rightly entitled to DLA. Now what these things are we do not know and they also said they have no evidence just 2 phone calls possibly by the same person.

The solicitor is costing a fortune but in my opinion its worth everything I have to help my son who has done nothing wrong and is now so stressed he cant concentrate on anything and is worn out from lack of sleep.

[sadone]

It's obviously some spiteful troublemaker trying it on by the sounds of things. With the current climate of 'disabled bashing' there's far too much of this sort of thing going on at the moment.

[SKJP]

We saw the gp last night and he was horrified to say the least that anyone could think that my son would not be entiteled to his DLA he is providing us with copies of letters from specialists etc and writing a letter himself for us to take om the day.

 

Good news that you've got the backing of GP.

 

Meanwhile we have seen a solicitor and he has asked the DWP why they want to speak to him and they have said they got a phone call saying my son can do things he should not be able to do if he was rightly entitled to DLA.

 

This is why, despite the cost, engaging a solicitor is a bloody good idea. All too often, 'ordinary' people like your son would have been told to sod off and wait for the interview, if he'd asked the same question of the DWP.

 

Now what these things are we do not know and they also said they have no evidence just 2 phone calls possibly by the same person.

 

If this is true (or, more accurately, if the DWP are telling the truth), this is also very good news for your son, too. Often, they undertake surveillance work to back up the claims made by people who dob others in. Unfortunately, people grassing on each other - even when there's little to tell - is very common. Because of the nature of the DLA benefit (i.e. non-means tested, so income doesn't flag up on random cross-checks), grassing people up is the main reason why claimants are investigated in this way in the first place.

 

Will the solicitor be accompanying your son to his interview??

[charliesgranny]

Yes the solicitor is going to be with him at the interview, personally I feel a little better knowing that he will be with him.

[charliesgranny]

It's obviously some spiteful troublemaker trying it on by the sounds of things. With the current climate of 'disabled bashing' there's far too much of this sort of thing going on at the moment.

This is so true, every time you read a paper there is something about cutting the benefits to disabled people. I wonder how many of these troublemakers would like to live with the daily pain etc.

[jabba jones]

A DLA IUC with no evidence!?!

 

If that's true then the solicitor needs to be asking why the IUC is taking place & why your son needs to attend.

 

There can be no change in a DLA award if there is no evidence to show it is wrong!

[charliesgranny]

This is what we cant understand, the solicitor said they only usually conduct these interviews if they think they have some evidence but they told him this morning they did not have anything. Very strange and very worrying.

[SKJP]

This is what we cant understand, the solicitor said they only usually conduct these interviews if they think they have some evidence but they told him this morning they did not have anything. Very strange and very worrying.

 

Horrible for you, but not necessarily worrying! Solicitor may use the IUC to rip the DWP a proverbial new one...

[charliesgranny]

Thankyou that made me smile for the first time in days.

[SKJP]

 

He's in the hands of a solicitor now, who'll no doubt advise him properly. Just be sure that he knows he's under no obligation to do or say anything in particular (or anything AT ALL) as part of his IUC. - this is crucial in light of this 'no evidence' nugget. Just make sure they don't GET any evidence from him!

 

This may sound cynical, exploitative, and even rude, but are his skin conditions very obvious to the untrained eye? Could he wear clothing that'd specifically reveal their extent?

 

The interviewers will not be medical experts, nor are they there to make definitive decisons as to the medical side of things (remembering that it's care and mobility, and not health, that they're investigating), but it certainly wouldn't hurt if your son's 'battle scars' were plain for all to see...

[jabba jones]

Fishing IUC's are not allowed & if there is no evidence then this should not be happening.

 

I'm amazed the solicitor didn't question this further.

 

The investigators are not required to give the solicitor full disclosure however to lie & say they had nothing when they did would be just stupid.

 

If there really is no evidence then they are relying on your son admitting something in the IUC.

In that case why would you answer any question they ask?