We are reviewing your [my] benefit claim letter

[joeblogs]

I have received a letter telling me I must attend an interview to talk about any changes in my circumstances. It is from the Local Service Compliance Team and the interview is not under caution. I receive I.S. & Carer's Allowance as I have a disabled child under 5.

 

I also care for my mother who is in receipt of I.B. ESA Support Group and I am her appointee. I recently had to complete an ESA50 renewal and sent in a load of medical evidence, however, not heard anything about this yet. I receive DWP Letters relating to my mother as I am her appointee, but this compliance letter does not mention her name on it, so I think they are referring to my circumstances which has not changed at all, but am thinking is it something to do with her renewal?

 

My mother and I share a joint bank account as it's easier for me to manage our outgoings. There are no other bank or savings accounts.

 

I have a recent bank statement which shows an authorised overdrawn balance, also payments to credit cards and a loan - they loan is nearly paid off and the account has never had more than £4-5,000 in credit when the loan was originally put into the account 2 1/2 years ago - since then we have mainly been in overdraft.

 

I have tried to call the number on the letter but the woman is not back from annual leave until Monday 26 Sept, so will call tomorrow, also I have just come out of hospital after having a major operation and don't really feel well enough to attend the interview this week, but of course I am worried about what they have got to say. I have spoke to some people and they have said it may be just a random interview.

 

I do have an extremely vindictive ex husband who harasses me and I have to involve the police. He is always making up allegations to the police about me, now the police have warned him to stay away and stop bothering them with his nonsense otherwise they are going to lock him up. So now that he can't bother the police, I am wondering if he has made a malicious allegation about me.

 

The stress of this letter has hindered my recovery even though I have nothing to declare I keep thinking 'well is it this or is it that'? really silly things come into my head. Can anyone advise me please.

 

I will update this thread when I have spoken (hopefully) to the woman. Thanks very much everyone.

[reallymadwoman]

From what I have read, compliance interviews are generally either a random check or because they have received an allegation which they are not treating seriously but do still have to investigate, e.g. one which is clearly malicious.

 

I think your current medical condition would be grounds to get the interview either postponed or done at your home as would the fact that you are caring for a disabled child and parent - you could ask if they'll arrange cover for whilst you attend their office! One note of caution however is to be careful not to give the impression that you are no longer able to care for your child or mother, even if it's temporary.

 

Having experienced malicious allegations I know the sort of things that can go through your head and rather than telling yourself to stop thinking them, which is impossible, just console yourself with the thought that only a really really sad person would do such a thing and they must have a really awful life.

[Shoelover]

Hi,

The officer will be fine about postponing if you ring & explain.

 

Depending on why they need to see you, they might even be able to do a telephone interview.

[joeblogs]

Thank you so much for reassuring me. Does anyone think it's about my mother's ESA renewal, it doesn't mention her name on my letter. Also my bank statements show my loan and credit card repayments, will that be a problem? I had to pay for my divorce - legal has finished and also move house a couple of times due to the ex hounding me and threatening to harm his kids - he refused to have any social contact with them and Victim Support and other agencies are involved in protecting us.

[reallymadwoman]

If it was about your mother's claim, it would say so.

 

Loan and credit card repayments have no bearing on your benefits and will be of no interest to DWP at all.

 

I am fairly sure they have either received an obviously malicious allegation, which they are obliged to investigate even if it suggests something really ridiculous such as that you're an alien imposter, or it's just a random check to which everyone is subject and which does sometimes result in them being paid more benefits!

 

Try not to stress about it too much, and if you want to get it over with, insist that your caring obligations mean they must come to you. Remind them that you are also a victim of domestic abuse so if it is a malicious allegation by your ex, they'll probably just do a perfunctory check and then drop it.

 

My experience of a malicious allegation (new partner's ex alleged we were living together, we weren't) was that as soon as they had reasonable proof that it was not true - he had his own house which was not let out, no post or any other connection to my address - and a plausible reason for the allegation being malicious - a jealous ex - they were happy to drop the investigation and leave me be.

[Shoelover]

I agree with everything that RMW has written ^^

[joeblogs]

Again, thank you so much for giving me reassuring advice. Once I have spoken to the woman I will update this thread.

 

Very kind regards to you both.

[joeblogs]

Hello, I've spoken to the lady on the phone this morning. She told me that there hasn't been a malicious report, however, something has flagged up on the system from one of their departments that she wants to discuss with me. She wouldn't disclose anything else. She did offer to change the appointment to a later date, but I just want to see what it's all about. I know I haven't done anything wrong. I will update after the interview.

[Shoelover]

It could be anything and if it was serious it would be an IUC.

 

As an aside, sometimes compliance officers find thatvyoh are being underpaid benefits too. So try not to worry

[joeblogs]

Have been to the interview. One of the other departments had triggered my bank account and saw around 3-4 large cash deposits going in which were from my father to pay for legal matters. I was able to justify these deposits, however, she wants to see my bank statements for the last 12 months so as to verify the cash deposits. She didn't ask for my father's details.

 

I don't have a problem with that, but I am worried that I have 4 credit cards - are these classed as capital? Obviously it shows on the bank accounts the payments going out every month.

 

She did question some Euro's that I had exchanged when I went on holiday. Is it ok to take my disabled children abroad or should I have notified the DWP. She didn't seem bothered about it, just asked about the exchange of Euro's and where I went and who went with me. Oh and she asked if I had a partner, which I don't.

 

She asked me to sign a statement which she had written and gave me an envelope for me to send the bank statements. She asked if there was any changes I wanted to report, which there wasn't.

 

Can anyone advise re credit cards and holidays please.

[honeybee13]

That doesn't sound too terrible, Joe, thank you for letting us know. I think you did well.

 

Hopefully someone will have answers about credit cards and holidays, we have a few good investigator type people around at the moment.

 

HB

[Shoelover]

Hi..

the credit card is credit availability to you so not capital.

As regards the holiday, it won't matter if away less than 4 weeks

[joeblogs]

Thank you so much for giving me reassuring advice. I have printed off the statements and accounted for every single transaction the dwp lady asked me about.

 

Can someone just advise me, is a bank overdraft classed as capital or as credit available?

 

Big thank you to everyone.

[Consumer dude]

I would say an overdraft is credit available as it's not your money..

[Shoelover]

Agreed...

[Mr.P]

I would say an overdraft is credit available as it's not your money..

 

And when you dip in to the overdraft, it becomes a debt that incurs interest and charges. Something to avoid if you can..

 

Available credit limits on cards and overdraft facilities are not considered capital. If they were, I would have been unable to claim benefits myself (have £10,000+ of credit limits).

[theronstar]

Have been to the interview. One of the other departments had triggered my bank account and saw around 3-4 large cash deposits going in which were from my father to pay for legal matters. I was able to justify these deposits, however, she wants to see my bank statements for the last 12 months so as to verify the cash deposits. She didn't ask for my father's details.

 

Was it the size or frequency of them that triggered them?

[joeblogs]

It had nothing to do with the size of the cash deposits as they were not life changing and it was only around 4 cash deposits, what had triggered it was that the payments had gone to my solicitor and they wanted to know who had funded it and to check I wasn't working - hence the fact that my dad had given me the cash. I cannot work as I have disabled children and mum to care for. One thing, before I even submitted the bank statements, they knew exactly where the money had gone.

 

How long does it take to get my paperwork back - does anyone know?

 

Off Topic

Also I had to complete a renewal ESA50 for my mum beginning of August, how long are they taking approximately to make decisions.

[joeblogs]

So I went to this 'reviewing your benefit' interview end of Sept. Hand delivered the bank statements on 3 Oct. Not heard anything since. How long should I leave it before I get in touch? I don't want to really contact them, but I do want to know that the matter has been closed.

 

Any thoughts please.

[antone]

I would certainly leave it another week at least - things move slowly at the DWP.

[joeblogs]

Thanks for your advice Antone, will update this thread when case is closed.

[joeblogs]

To update folks, I've had a letter today stating the following 'I am writing to tell you that your recent change in circumstances does not affect the amount of IS we pay you, however there may be future changes in your entitlement' - the letter then goes on about calculations etc.

 

First off, I did not tell them about any change in my circumstances.

Secondly, the woman said I should have told her about my CSA payments

Thirdly, she said I didn't need to report about my children's DLA.

 

As CSA is not means tested, same as DLA I didn't realise that I needed to inform DWP about CSA payments.

 

The letter also states the incorrect amount of CSA which I receive, even though I told her how much I receive each week.

 

Finally, my bank statements were not enclosed in the letter.

 

Can anyone advise me about what has been written in the letter. Is this the end of the matter?

 

I am going to call Monday and ask for my bank statements and point out her error with regards to my CSA payments. It really annoys me that they scare people with their 'interview letters' then get it wrong themselves.

 

Thanks to all.

[theronstar]

Hey,

 

Someone else will probably come along and advise you more accurately but if a sooner response may make you feel at a sense of ease earlier, then I will attempt one now.

 

'I am writing to tell you that your recent change in circumstances does not affect the amount of IS we pay you, however there may be future changes in your entitlement'

 

I have had many DWP with a phrase like that in there. Such letters are computer generated and they will be sent out when you update the DWP with some information.

 

In your case it will be with respect to you producing your bank statements. If the amounts calculated in the letter are what you are already receiving then it is confirming the position that your bank statements have not affected the amount of your claim.

 

With respect to their actual investigation they would likely send another letter. Though at this point you should feel free to contact them and ask them if anything else is happening with their investigation.

 

Also, do inform them of the miscalculation you noted with CSA.

 

Personally, I have never got anything back from the DWP, though I have never expressly asked for anything back. Another CAGger will know the official DWP policy with returning documents.

 

With respect to your bank statements, they have likely scanned them onto their computer systems anyway. So even if you requested your bank statements back, they still 'have' them.

 

And in any case, if they were investigating a claimant for fraud, they could access your bank account information if they felt it was necessary.

 

IMHO, I would not bother to ask for my bank statements back but you must do what is right for you.

 

These kinds of investigations are annoying when they don't find anything but they do happen. It's just the way it goes

[antone]

I agree with theronstar. Letters like the one you mention are computer generated. For JSA and ESA they tend to say something like "We have looked at your claim again following a recent change in circumstances", but the idea for IS will be the same. All it means is that a processor accessed your claim and updated some information - probably just noting the fact that you supplied the requested bank statements. The wording of the letters could be a lot better, but it doesn't mean anything in itself.

 

Regarding the CSA payments, they don't affect your benefit (ESA or DLA/PIP) but you probably should tell the DWP anyway. I don't know the current guidance on the matter and I don't think it's a big deal but if you're ever in any doubt about whether you should inform the DWP about something, just tell them. Apart from anything else, it means that if they do end up looking at your bank statements (such as with a Compliance interview) they know what the payments are and don't need to investigate any further. If they've got the amount wrong you could send them a letter correcting this, but it won't really make any difference to anything.

 

As to the bank statements, again, I agree with theronstar - I wouldn't bother asking for them back. But if you do want them, just send them a letter such as:

 

Dear Sir or Madam,

 

Compliance interview DD/MM/YY NI Number AB 12 34 56 A

 

At your request, I supplied you with original bank statements in relation to my claim for ESA. Could you please advise me when (or if) those statements will be returned to me? I prefer to keep detailed records and may require the statements for other purposes.

 

Yours sincerely,

joeblogs

[joeblogs]

Thank you theronstar and antone for replying to my message. I will call the woman tomorrow and tell her the correct amount of c.s.a. I am not going to ask for the return of my bank statements (I printed them off my online banking so no loss).

 

Just one quick question, how should I ask if that's the end of their enquiry? They pulled me in relating to 3-4 cash deposits made into my bank account (so their computer had already pulled up these deposits without me providing the statements - hence it triggered the interview!). I was able to justify these amounts and provide evidence when I sent in the last 12 months bank statements, they we not life changing amounts and had come from my father with regards to paying for my solicitor. They never asked for my father's details, however, he would clarify this if need be - he hasn't heard anything from them. As I have now received this letter from them, I hope that's the end of it, but not sure how to ask the woman. Any advice please?