Interview Under Caution for Benefit Fraud investigation

A question about : Interview Under Caution for Benefit Fraud investigation

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Best answers:

• I'm no expert, but am sure someone who is will be along soon.
  On the face of it, from what you've said in your post, I can't see that DWP would be able to show any strong evidence that you and your ex partner are living together as husband and wife, though I would suggest that you ask him to immediately change the address for any official communications so that they don't come to your house - I would assume that the credit reference agencies still record him living at your address, and this would probably be enough to trigger alarm bells with DWP/LA.
  If I were you I would be far more concerned about your other income (if it is undeclared):
  Quote:
• On the basis that the reason that you have been called for the interview is not stated you are guessing as to what their concerns could be. What meaningful advice are you expecting from a lawyer or the CAB when you cannot tell them the reason for the interview?
  If you have done nothing wrong then you have nothing to fear. Don't stress yourself out with what if's and maybe's. Turn up, find out what it's all about and be honest.
• Tell the truth as per your first post - give them the name and address of his Mother and his new partner if you know it.
  Try and get him to remove your address from any of his documentation.
  He is no longer with you and has a new partner so there is no need for him to have anything registered at you address.
  In all probability a Data Matching Exercise has found him registered at your address.
  If you are not colluding with your former partner to commit fraud then you have nothing to worry about.
• Here is a very useful overview about interviews under caution.
  https://www.advicenow.org.uk/adviceno...under-caution/
  This must be taken seriously and you will need some specialist advice.
  The website is out of date as regards legal aid and legal representation as this has all changed but none the less is very useful (IMO)
  I disagree about going to CAB because you need to ask them (at the very least) where you can go to get some free legal advice since Legal Aid is no longer available.
  I do not mean to worry you because, as already said, you just need to be honest. However, you will need advice as to what evidence is relevant and, IMO, someone to represent you if possible.
  Yes, you cannot be sure what it is that you are being interviewed about but your legal representative will present your case based on evidence that you are entitled to your benefits.
• I can give you some advice, it may not be what you want to hear.
  Most cases are based on informant evidence, someone close to you has informed them (grassed) based on this they will ask a set of fishing questions to establish the information, they usually have to do this because the informant is known to you and will not testify in court so without your conformation they have nothing, this person befriending you may still be feeding information to them including your reaction to the investigation .
  You do not have to answer the questions in the interview or even turn up for it and if you do attend and chose to ignore the caution that you have the right to silence then any answers you give will become evidence for a prosecution.
  Thinking you can sit down and explain this is all a mistake will not help, only answers which strengthen their case will be put forward as evidence and put on the side of the scales as proof.
  If they reach a certain level of evidence they will charge, if they do not they won't
  They can not stop benefits for refusing the interview, they can but this can be overturned.
  The interview is just one process in the investigation and attendance is voluntary.
  You know they have driving licence and car insurance as evidence and you should also work on the basis that they have at least two weeks surveillance evidence of house visits, people arriving and leaving and at what time.
  This does not have to be made clear to you at the time of questioning.
  If you refuse to answer questions, you do not incriminate yourself.
  You are not entitled to legal aid for any voluntary interview , so refusing to answer questions leaves them with three choices, either charge as they have enough already, drop it, or request the police arrest and question, which then does entitle you to legal aid and a solicitor.
  Those in the know, tend to push them for option 3
  If your EX is not living there allowing him to use your address to save a few quid on car insurance and such is extremely foolish indeed and must be stopped immediately this day (every day counts) even if you have to call these companies yourself to tell them he does not reside there.
  My advice is, if you have done nothing wrong, go and answer all the questions.
  If you have, use your right to silence or consider owning up at the earliest opportunity.
  The choice is yours
• tell them you want to know what the reasons are and what you are being accused of before you will come along.
  Sounds like an awful breach of human rights
• Cash gifts from relatives are disregarded as income.
• the DWP conduct an interview under caution when they have already gathered evidence that they feel needs justifying.
  they will already have information and not just be acting on something they have been told ( they may have been told something, but would have already looked into it and gathered 'evidence')
  they will not tell you what they wish to question you about before the interview, so asking what it is about would be pointless.
  apart from the issues with your ex, i agree that the money your parents give you is a bigger issue.
  the fact that you have money paid into your account ( regardless of where it comes from or who pays it in) is problematic. it is irrelevant what this money is used for, the fact that it is 'extra' moneyon a regular basis that isnt declared, will set the alarm bells off.
  you need to be totally honest as the chances are that they already know the answers to the questions they will ask you and are just looking for you to confirm the information they have or to give them a suitable explanation.
  if you lie or attempt to deceive them, the outcome will be worse
• With a bit of thought you should be able to work out who it is spilling the beans on you.
  If this is all they have, then that person who knows you so well will not want to go to court and stand opposite you, so a short thrift of no comment will leave them nothing to prosecute you with.
  Nice to know someone you trusted is betraying you.
• I did not realise that your interview was so soon. I
  If you feel you need time to collect the evidence/get advice there is a letter that you can write or email (ring and ask for correct email address and to whom it should be addressed) on the website that I gave you.
  https://www.advicenow.org.uk/adviceno...ml,659,FP.html
• I agree that an IUC suggests that they believe they have enough to make whatever it is stick. Assuming it's everything to do with the ex and cohabiting then it's best to presume they have evidence accrued from watching the property over a week or two so if he has his own key to the property to let himself in since the split and/or has spent the night there regularly for any period then it's best not to deny it and instead be prepared with extenuating reasons for why he did with the baby was ill and he was extremely concerned or you were ill and he thought you weren't capable of caring for her as competently as when you are healthy.
• My Ex left me when I was pregnant also, and moved in with a new girlfriend. They had 2 children together and they claimed every benefit they could, including not declaring he was living there. After a long period of time they eventually called her for an interview under caution and he vanished!!
  She denied he was living with her, and said he was living me, so then I ended up with someone investigating fraud on my door step.
  It was a long drawn out process but I was innocent, he was not living with me and eventually a statement that was used in court was all I had to do.
  She continued to deny all the allegations, but while they investigated, her benefits were suspended.
  They found her guilty, took her to court and she was fined (dont no how much), had to do 100 hours community service and had to pay back around Ј10,000.
  While I understand your concern and worry, please dont think you will end up in prison, the person I am referring to WAS guilty. Just tell the truth and hopefully it will all be cleared up asap.
  Just to add the girl I am referring to was reported by a neighbour. Hope this helps xx