How to handle an interview under caution
If the Department for Work and Pensions (DWP) or your local council suspect you may have misled them about something to do with your benefits you might be asked to go to an 'interview under caution'. This could lead to them suspending your benefits and taking you to court.
This guide looks at what happens if your council (which pays Housing Benefit and Council Tax Benefit) or the DWP (which pays most other benefits) invites you to an interview under caution. It may also be useful if another organisation such as the Inland Revenue (HMRC - which pays tax credits) wants to interview you under caution, but you will need to check that the information applies to you.
So, you’ve been asked to an interview under caution: what now?
- Don't ignore it
- Understand what the problem is
- Get help and advice
It's really important to get an independent adviser or solicitor to help you with your case and represent you at the interview. An adviser can check whether you are entitled to the benefits or whether the case against you is weak. A solicitor can advise you about your rights in the interview which could become part of a criminal investigation. However, you might not be able to get all this help, either because you can’t find an adviser who can help you, or because you can’t afford a solicitor. So this guide aims to answer some of your questions, explain what help you can get and give you an idea of what you can do to help yourself.
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Comments
I have been requested to attend a formal interview with my housing /council tax office.
When i phoned very upset i was told it is to do with a couple of accounts i had not told them about.
There is only 1 account i had not mentioned and that is beacause it is money that belongs to my sons, and did not think i needed to as this was not personally my money.
My son had in his own account previously and asked to manage it for them as they not too good with money, which i did.
I have written and told them this and that the money originally came from me , i gave it to them because they had helped me out financially in the past if they had not i would have lost my home.
My children helping me out at lest allowed me to sell the property and at least get something back for it.
although i did not mention that was the reason why i gave them money .
I am being treated by my gp for stress there is no way i could attend this interview as I am really a worrier. I cannot help this, i just keep crying and do not want to even leave my home. I did write to them explaining this and they have not anknowledged either of my letters.
V fossett, Tuesday 15 Feb 2011
Thank you for such professional help and advice my fustration is now less to endure
Robert Ollivierre, Tuesday 15 Feb 2011
I have had a letter sayin that im gettin a visit. i have recentley been building a relationship with my childs farther which an angry family member is not happy with so called to say he was livin with me to course trouble. this is tottaly not true...even tho i have done nothing wrong i have found this last week terrifing i have never felt so guilty for somthing i have not done..can anyone tell me wot sort of things are going to happen at this interview at my home??
scarlett small, Tuesday 15 Feb 2011
I have an " Interview Under Caution " soon, and I knew nothing about it before today..... It was VERY informative and helpful indeed.I don't know what I would have done if I hadn't found it.....
Tuesday 15 Feb 2011
i had a taped interview under caution just under 4 weeks ago. Basically someone had told them my b/f was living with me when he's not.. when I went to the interview I took with me all my housing benefit/council tax/income support award notices/cb and ctc letters in my name. i also took with me a few recent of my bank statements/csa details, my gas/electric/water tv licence letters. I also took proof that back in january i did enquire with the job centre about if i'd be better off money wise if my b/f and i did decide to move in together but told them with the workings out they gave me that at the moment we cannot afford to move in together as I don't work. They said to me that surely we could live off my b/f's wages, my reply was..u cannot force any couple to move in with each other just so benefits won't have to be paid. We wouldn't be better off unless i was working too, i've only been with my b/f nearly 16 months.. I think its wrong that they tried to force me to say we we living together when he's not and for them to try and stop giving me benefits. When i took all my information in showing that everything is in my name and that no money was coming from my b/f for the house/ bills etc, they said "oh you've come prepared".. i thought well yes cos I've done nothing wrong... The tape ran out unfortunately and they did say i'd prob have to go back to finish the interview but i've not heard anything and it will be 4 weeks on thursday.. so 'm not sure if they have heard the first tape and seen that i'm not hiding anything and can see that i have always told them my change of circumstances when needed. I took my mum to my first interview but i do have a solicitor ready if i do have to attend a second interview. Not a nice thing to go through but if u are as prepared, you should be fine. Thank you for the helpful guide.
Donna Walker, Wednesday 18 May 2011
Just received an 'interview under caution' letter. Was VERY worried and couldn't even think straight about what I was going to do. All I could think was court and prison. I have started work for a temping agency and was desperately trying to keep up my mortgage payments and manage lots of other debts. I had forgotten that we were getting council tax benefit so hadn't told them about my change of circumstance.
Your article helped clear my mind and give me a starting point and some direction regarding what to do next. Thank you.
Ken Needham, Wednesday 18 May 2011
I recently had 2 fraud investigators come to my home to tell me that someone had made a claim saying i was committing benefit fraud. My ex partner stays at my house 2 to 3 times a week because we have a child together. My ex had his bank statements come to my house as-well as his wage slips as he does not want them going to the house where he lodges as he is worried he would loose them or someone take them as he was a victim of fraud himself. I'm loosing sleep over it and starting to feel really down. Thanks for your help.
samantha stokes, Wednesday 18 May 2011
I too received a letter last week and that was after I had told them the income used in benefits was wrong! Council lost my first change of circs form and after putting a second one in a few weeks later they took another couple of weeeks to sort and now im 10 weeks in arrears for something I couldnt help!. Great site and a lot of good advice. Definatly worth a read thanks a lot to the creator.
Steve Jones, Tuesday 28 Jun 2011