Long DWP Investigation

The DWP interviewed me under caution in late August about a failure
to admit a change in my circumstances. I have heard nothing since.
Both at the interview and when I phoned Counterfraud in November the
officer concerned assured me that if they decided not to prosecute
they would notify me.
In the November phone call I made he recalled my case and said I was
still being investigated. I am reluctant to ring again following the
old adage "Let sleeping dogs lie", but are the DWP obliged to tell
someone their enquiries are at an end? Surely they can shelve the case
and not bother notifying the suspect? That is, someone may no longer
be under investigation, but may be assuming they are?

Patience

 

In all probability they are not prosecuting, it has been referred for
re-assessment and overpayment action and this is taking a while. It may
be difficulties getting the information to re-assess your benefit (e.g
from an employer or bank) or even there's a backlog of work at the
office. They will notify you if a decision maker decides to change your
benefit.

Unless of course you were less than candid at the interview in which
case investigations by the fraud sect.could be ongoing.

Mike

 

What you'll find is that the wheels of justice - at least when the DWP
is geared in - turn very slowly. Try getting a simple ajudication and
you're lucky if you get it by April.

That said, if your "change of circumstances" materially affected your
claim, you've committed a criminal offence. There are no sleeping dogs
here I'm afraid. If there is any money owing, you'll be asked to repay
the money. You may also be asked to pay a penalty on top of that,
particularly if you've been uncooperative - I believe it's 30% of the
amount owing.

If you refuse to pay the money back, or if you've committed a very
malicious fraud, you'll be prosecuted in due course. Your sentence will
obviously reflect the circumstances, but you should avoid court if you
can.

 

The only things that influence whether a fraud is prosecuted is prospect
of success and possible adverse publicity (public interest). The DWP
rarely loses in court because they only prosecute when they are
confident of success but just because they don't prosecute doesn't mean
the OP can't be recovered.

Refusing to pay back an OP won't make any difference, if you are on
benefits they will make deductions whether the cust. likes it or not.
If not the DWP will take court action including bailiffs which of course
the customer pays for.

Mike

 

Thanks Guys

Since they cut off my benefits I am back at work, so no question of
deductions from benefits
The Overpay Dept wrote to me and I, repaying weekly.
No penalty has been discussed yet, presumably because they can't make
up their mind over Court action?
You mention I "should avoid Court action if I can", is there anything
I can do to influence this decision? Clearly if I am summonsed and
convicted my employment chances wil be near zero - I am only on a
short term temp work

Patience

 

Thanks Guys

Your wages can also be garnished if necessary.

If they've told you the amount owed, and you're paying it back, I'd
imagine they've already taken as much action as they intend to.

At this stage, probably not. But if it was a fair cop, then people are
well advised to cooperate with their investigation from the beginning.

At least you will have a genuine reason to tell the Jobcentre for why
you haven't got work! And you could always neglect to disclose your
convictions to employers, and there is basically no way they will ever
find out, unless a CRB check is carried out in the case of certain
types of employment.

 

This is probably right, you could contact them, it is unlikely to
prompt action that they had forgotten about but you never know.

Mike

 

Rang them today, enquiries still in progress. Asked for a copy of the
taped interview and they were vague about how long a copy would take.
Am asking also for a copy of my original claim form from 1999. This
they did not have at the August interview

Patience

 

Thanks Everyone
I rang them today asking for a copy of my first taped interview in
August. They don't even know how long a copy of the tape will take. If
they cannot find a copy of the claim form I completed in 1999, and I
suspect they cannot.........they did not produce it in August, then
how long will it take them to give up?
I cannot deny recieving benefits, but they have a hell of a job saying
my circs have changed if that form has been "mislaid"

Patience

 

Depends, if the circs changed after you claimed (so would not have been
on the form) and they can prove or you've admitted that, the claim form
is irrelevant. If you're saying the circumstances that prompted the
action existed and were declared on the claim form (but missed by the
DWP), then they will need it to prosecute!

Of course between 1999 and now you will have had several reviews,
postaly or otherwise for your benefit and those forms will be just as
important. Do you receive HB/CTB as well and is that affected?

Mike

 

Thanks Mike, sorry to have been a while. I have always been puzzled in
that I am sure I only completed one form in 1999, I do not recall any
reviews, though the local council (who are now keeping very much in
the background) did review me.
I am applying for the 1999 form to find if they really have one.
BTW a solicitor who I saw prior to my interview under caution says let
sleeping dogs lie and that they may have me as a low priority. Still
I would rather get it over with now than have a surprise summons
months later
Patience

 

Hi i no this is a really old thread but was woundering if u ever heard back about a fine or being prosecuted. I'm in the same situation.