DWP investigation

[Sideways Tim]

williaa68 said:

Try your local citizens advice bureau. They are very used to dealing with the DWP, understand the limits etc and they are free. They will be completely fine with you going with him if that helps. Good luck.

Exactly what we're doing tomorrow. It's a complex family situation, but the statements and paperwork for the ISA were all going to the parental home, not my mates place. Hoping that might have some swing with the DWP. Will find out soon enough I suppose.

[KevinCamaroSS]

Since I am gloomy this morning I would also note that there could also be a tax liability on the interest should the ISA deposit amounts take the person making the deposit over the annual limit.

[Sheepshanks]

Sideways Tim said:

Exactly what we're doing tomorrow. It's a complex family situation, but the statements and paperwork for the ISA were all going to the parental home, not my mates place. Hoping that might have some swing with the DWP. Will find out soon enough I suppose.

I know you said it was in his name, but has something been done to make the money available to him?

The parents may have used his name to fiddle the ISA allowance limits.

[Sideways Tim]

Sheepshanks said:

I know you said it was in his name, but has something been done to make the money available to him?

The parents may have used his name to fiddle the ISA allowance limits.

That's an interesting point. Thanks.

[Grandad Gaz]

If he now has savings, then surely he won't be able to claim any further disability benefits?

[surveyor_101]

Sideways Tim said:

That's an interesting point. Thanks.

I was thinking tax fiddle.

Would really need to know more in's & out's as the current info is a bit grey.

[Sideways Tim]

At the CAB now. They have suggested a formal fraud interview and to lawyer up.
Not looking too good at present, but thanks all for your input.

[xjay1337]

Sideways Tim said:

At the CAB now. They have suggested a formal fraud interview and to lawyer up.
Not looking too good at present, but thanks all for your input.

Fraud interview is normal.

Wouldn't worry at this point. Lawyer isn't a bad idea but at this stage unless it was free or next to nothing, wouldn't bother.

Will explain more later ....

[Sideways Tim]

xjay1337 said:

Fraud interview is normal.

Wouldn't worry at this point. Lawyer isn't a bad idea but at this stage unless it was free or next to nothing, wouldn't bother.

Will explain more later ....

Intrigued, thanks.

[PAULJ5555]

xjay1337 said:

Fraud interview is normal.

Your friend will abviously need to take the accountant along to any meetings as he cannot deal with figures, who does his finances now, pays the rent/bills manages his bank account so that he doesn't go overdrawn or even get sold something from the bank he does not need.

Has any money been taken out of the ISA, could help prove he knew nothing about it.

[xjay1337]

Sideways Tim said:

Intrigued, thanks.

Ok sorry, been a bit busy.

When I was 17/18 doing my apprenticeship as I was living by myself in rented appartment, I was getting some benefits.
When I finished my apprenticeship (advanced 5 month full time course) I was lucky enough to find a job and started working on a reasonable wage for that age (around £15k) a year .

When I started working, I went into l went into my local Job Centre and said that I did not need benefits anymore, they gave me a form and told me to hand it to them and they would sort it.

Being young and stupid I didn't really know about financing having had limited "real life" knowledge from my parents. Never really checked my bank account besides an app to give me my balance. So I thought this was the end of it.
After about 8 months I got a letter through from DWP saying I had been in receipt of benefits while working full time and thus shouldn't have been entitled. At that point I then checked my bank statements and low and behold, I had been receiving around £150 a month.

It requested a formal interview with views of prosecuting for fraud and mentioned jail time etc.

When the time came, I had a very rude, blunt woman, with typical receptionist "bob" hair come to MY HOME and conduct a recorded interview under caution (their caution, not the polices, not sure what level of power she had) -

I genuinely felt like I was being treated like a criminal.

I explained that I had gone to the Job Centre and requested to stop the benefits however being young/stupid I didn't check my bank statements.
She seemed to be inclined that I had done it on purpose, again not sure if this is the default act as I imagine they deal with scum most of the time. I stuck to my story hoping the truth would propser.

After her "interview" and getting copies of my bank statements and a page of A4 notes she took while we were speaking she went away and I didn't hear anything for about 2 weeks.
After 2 weeks I got a letter saying that they have reviewed my case and would not be pursuing criminal charges so long as I paid back the difference which was around £1200.

I set up a payment plan and that was the end of that. The whole experience was fairly unpleasant to be honest, as a young kid in the scary world by himself, it was very daunting.
But in the end it worked out OK.

[Sideways Tim]

Thanks folks, all good advice and helping.

[Sticks.]

xjay1337 said:

It requested a formal interview with views of prosecuting for fraud and mentioned jail time etc.

When the time came, I had a very rude, blunt woman, with typical receptionist "bob" hair come to MY HOME and conduct a recorded interview under caution (their caution, not the polices, not sure what level of power she had) -

Probably out of office hours in your home because you were working? The caution's the same, or always was.

OP I don't think your friend needs to take a solicitor to a first interview, but certainly someone to help him understand what's gone/going on. In the unlikely event that they think a prosecutable offence has been committed and caution him, say nothing, end the interview and see a solicitor.

If there is an overpayment, you should always ask whether you're required to pay it back. You may be offered the opportunity to pay it back even if you're not required to.

As has been said though, he needs to sort out who did and knew and when.

[xjay1337]

Sticks. said:

Probably out of office hours in your home because you were working? The caution's the same, or always was.

It was in the day time, around 11am lol
I suspect they wanted to ensure my address was my address. She had a good nose around.

[Sideways Tim]

The CAB were fantastic. Gave us a list of solicitors to approach, spoke to the DWP to check the investigation was kosher (only contact had been by telephone, using a mobile number), it is though. Spoken to one of the solicitors, who has made all the right noises and is now in retainer.
It's looking a lot more positive now.

Thanks all for your advice.

[xjay1337]

Honestly you do not need a a lawyer in this situation at this stage.
Certainly not for the cost. As long as your friend is telling the truth, he will only need to repay anything he received in error.

[Sideways Tim]

The amount is the issue, it's going on for ten years of benefits. He's happy with someone in his corner though.

[williaa68]

Sideways Tim said:

The CAB were fantastic. Gave us a list of solicitors to approach, spoke to the DWP to check the investigation was kosher (only contact had been by telephone, using a mobile number), it is though. Spoken to one of the solicitors, who has made all the right noises and is now in retainer.
It's looking a lot more positive now.

Thanks all for your advice.

Glad to hear this. They do a lot of good work and often struggle for funding. Most of them will take a small donation if you ask so maybe your friend could drop a tenner in their tin next time he is passing.

[Sideways Tim]

williaa68 said:

Glad to hear this. They do a lot of good work and often struggle for funding. Most of them will take a small donation if you ask so maybe your friend could drop a tenner in their tin next time he is passing.

I never knew that. I certainly will, they were brilliant.

[IanA2]

Sideways Tim said:

The amount is the issue, it's going on for ten years of benefits. He's happy with someone in his corner though.

Obviously I have no idea which benefits your friend receives. However, you should bear in mind that some are not means tested, eg DLA/PiP.