Interview Under Caution 9 weeks ago

[bignbold]

Hi Guys i attended an interview under caution as they felt my partner was living with me, according to what i have read on other peoples threads the interview went as standard.

 

So this is going back to 2012 when my partner left his wife and used my address as a postal address until he got himself sorted so 9 weeks ago i was called in and i've since had over payment letters for 3 months benefits to be paid back from aug - nov 2012 we was not living together and up until recently we never was, yes he used to stay a few times a week and also stay at his mothers house they have got some video footage of him leaving my house on 3 seperate occasions.

 

Since the interview apart from the overpayment letters i've recieved i've had nothing else, im wanting to appeal the over payment as there is no way or no proof he was living with me, but i dont know if to wait a few weeks to see if anything else happens in the next couple of weeks, i am very scared i have worked since leaving school and had a period of 5 yrs on ESA due to the hospital messing up on an operation and causing me a further 9 operations

 

I have been back in full time employment since sept 2015 and in oct i was called in for the interview, where after the interview the nasty man said it will be sent to Dundee for a decision normally takes around 5 weeks this is 9 and im wondering who i can contact to see what is happening or if im just going to recieve a letter telling me im going to court ?

 

What is the amount of time these people have to make decisions ect

 

Please help im sorry it's all jumbled up this is my first ever post

Edited December 14, 2015 by Andyorch
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[Andyorch]

Hi bignbold and welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

[ericsbrother]

the problem with your case is that the burden of proof is reversed so you have to prove that you werent living together and you werent earning £100k a year. as there is no defined acceptable standard of proof they can reject anything you offer so if they do take you to court it may be a blessing in disguise as they will have to show some reasoning for their actions and produce all of their evidence on demand, including all of the video footage they ahve of nothing happening and no-one leaving your house. You are allowed to have a private life and that includes having someone stop overnight 3 or 4 times a week.

You could put in a formal written request or compaint, I think they are obliged to make a decision within 6 weeks but this will certainly have exceptions but forcing them to answer for themselves may well make them think about how they intend to progress things. I hope you have the name of the interviewer so it is clear what event you are complaining about (but dont say he was nasty, mention any improper phrasing or questions and statements though, so it is not personal.)

[antone]

There isn't a formal time limit for bringing a criminal action after an IUC - they can consider the matter (or, more likely, leave the file in a pile somewhere until someone gets around to looking at it) for as long as they want. However, you should not delay making a civil appeal against the overpayment. Do that now - don't wait to hear about the criminal fraud case.

 

This is because there are two separate strands to this: fraud, which is a criminal matter, and overpayment, which is a civil matter. It's perfectly possible for them to decide that you've been overpaid benefit and seek recovery of that overpayment even if they decide that you've not committed fraud.