IUC benefits - how long until I know the outcome

[Soyamocha]

I have to attend an interview under caution shortly. It is to do with undeclared income and receiving income support and HB. Can you tell me how long I will have to wait until I know the decision , i.e. if they will prosecute ? I am guessing that they definitely will prosecute but I was just wondering how long the delay was between them interviewing me and then calculating the overpayment/deciding to prosecute. Obviously if I am going to jail a timescale would be useful. Thanks

[honeybee13]

Hello and welcome to CAG.

 

I think the guys may need more information in order to advise you, but prison isn't normally the outcome for these cases.

 

Can you tell us what you're accused of and how much money is involved please?

 

My best, HB

[Soyamocha]

Well I claimed income support (because of my disability) for 7 years but I did not declare that I had savings. For the last five years i have also been receiving HB and Council Tax. I know for sure they will prosecute and having seen sentencing website for this type of thing think I am looking at a 12 to 18 month sentence. The sum involved is about £60,000. I just really wanted to know how long it takes from the actual interview until you get the summons to appear at the Magistrates Court and then later (as the sum is large) to the Crown Court. I was trying to work out how much time I had left to sort things out before I am behind bars.

[honeybee13]

Thank you for the information.

 

I would have thought for that amount you would need legal representation. Have you found a lawyer?

 

HB

[Soyamocha]

Well I attended an IUC two months ago and brought a solicitor. There was so much disclosure (ie all my bank accounts etc) that there interview did not take place and was put off for two months. I will now happen again shortly. I have prepared a statement with my solicitor and will read this at the interview. I will then have to wait for the summons and find a barrister then. I have some mitigating circumstances but I have been through the legal system about 10 years ago and neither mitigation or barrister helped me then so I know I am for the chop. I was just wondering on a time scale to be honest.

[honeybee13]

Hello again.

 

I've flagged this for the site team in case anyone knows the answer, but I would have thought your lawyer was quite well placed to know the system.

 

Maybe another cagger who has been through the same thing will see this and post something for you.

 

HB

[kk3852]

You are probably looking at a couple of months from an IUC to a decision being made and an overpayment calculated. Once the DWP have calculated theirs then the decision will be passed to the LA for them to calculate their overpayment so this could lengthen the time a little (but not more than 3 or 4 weeks).

 

Then the case will be passed to the solicitors for a requisition to attend Magistrates - rough time scale of a month or so....not much more. Court date will probably be about 3 weeks after the date of issue of the requisition.

 

Then its really up to the Court and whether or not you plead or elect trial. I would imaging that for a figure of that amount that the Magistrates would decline to hear it and pass it up to Crown either for sentencing (if you plead guilty at Magistrates) or for the full case to be heard.

 

You will see mention on these posts of the time limits for prosecution - an overpayment of this amount would be prosecuted under Section 111A of the Social Security Admin Act, There is no time bar on these offences as far as I know.

 

If you have mitigating circumstances then although the amount you mention could attract a prison sentence it does not mean that it will do. You can get a third off any sentence for an early guilty plea, You really need legal advise on the best way forward.

[Soyamocha]

Thank you so much for your help. It just give me a time line which is useful. Thank you once again

[sallypotter]

The answer is - how long is a piece of string?

 

It could be up to 2 years or more.

 

You need a solicitor specialising in "benefit fraud" and then a barrister.

 

Best bet is to play ignorant.

 

You certainly don't want to admit you know what you were doing was wrong.

 

It's not what they know (or think they know) it's what they can prove.

 

Why should you understand the benefits system? There's not one single person that does!

 

Good luck.

 

Sal

[Soyamocha]

Sal

Thanks for that information. I know what you mean benefits are confusing. I have worked all my life up until the age of 40 so I knew nothing of the system. I did not know the ins and outs and when you ring then they all tell you something different. Unfortunately I am now in rather deep and still don't know how things will turn out. The lady doing the IUC has taken an instant dislike to me. Thanks again for taking the time to respond

[sadone]

Bit of a long shot I know, but as this problem is due to an overpayment due to savings would the the diminishing capital calculation rule be used in calculating your overpayment? If so It might help reduce what you owe.

[Soyamocha]

Thanks for that suggestion. I am not familiar with that rule but my solicitor did mention something when I first saw her. What concerns me is that in around 67% of cases they make mistakes and I guess the mistakes are in their favour!! Thanks for taking the time to give me some assistance. Much appreciated.

[charliesgranny]

Hi my son had an IUC nine weeks ago and he still has heard nothing yet but they did say at that time it would be three or four months before they would get back to him minimum so they really don`t hurry.

[Soyamocha]

Thanks for letting me know. I was thinking 3 to 4 months, then magistrates court and then the crown! I was just trying to work out when I might be put away as it will be difficult at home. I know I should have thought of that but..... well we are all wise after the event. Wish I had stashed my cash under the bed