Compliance interview - DWP desperate!?
- Thread starter 1324534
- Start date
Gaia
Urban's Village Idiot
Paging equationgirl - are you able to assist here…? (well, you're definitely more able to than I am). EG is Urban's resident benefits expert, but I'll ask you something - were you claiming as a couple, or were you literally just paying your ESA into his account…? What account does the DWP have for you - presumably your own, yes…?
Hang on, I've just reread that - you're saying you were claiming ESA whilst you were working…? If the DWP finds out about that you're likely to be up the proverbial, and I reckon they'll likely garnish your wages until you've paid back what you owe (plus interest (I've no idea what they charge - think it's 10%, but don't quote me on that)). You're almost certainly be told to attend a tribunal I'd have thought - do you have a CAB near you (where are you, by the way…? Just roughly. Are you in England (because it'll be different in Scotland and different again in Northern Ireland)…?
But anyway, EG will certainly be able to offer you better advice than I can (I'm feeling too muzzy-headed myself right now).
Hang on, I've just reread that - you're saying you were claiming ESA whilst you were working…? If the DWP finds out about that you're likely to be up the proverbial, and I reckon they'll likely garnish your wages until you've paid back what you owe (plus interest (I've no idea what they charge - think it's 10%, but don't quote me on that)). You're almost certainly be told to attend a tribunal I'd have thought - do you have a CAB near you (where are you, by the way…? Just roughly. Are you in England (because it'll be different in Scotland and different again in Northern Ireland)…?
But anyway, EG will certainly be able to offer you better advice than I can (I'm feeling too muzzy-headed myself right now).
BristolEcho
Well-Known Member
Sounds like a tough situation.
I was going to advise that you get letters from your mental health team which you've done. I'm also wondering if you could do with some support generally around money? If the mental health team agreed it might be worth them highlighting this In the letter.
I'm also assuming that you are in the support group and not required to go to appointments? Are you on income related ESA?
Were you under the 16 hours a week? And earning under £131.50 (£125ish previously) per week? (I'm assuming not going by the amount you earned during this period.)
You've articulated yourself quite well here so it might be worth writing your statement out about the works aspect if you think you will struggle during the interview. Can anyone support you along to it other than your partner?
I'm not sure what decision they will make. I'd hope they would take everything into consideration and then you'd have to pay back what's owed.
In regards to your partner have they asked to see any bank statements?
Sorry if you've answered those questions there's a fair amount of information there.
I was going to advise that you get letters from your mental health team which you've done. I'm also wondering if you could do with some support generally around money? If the mental health team agreed it might be worth them highlighting this In the letter.
I'm also assuming that you are in the support group and not required to go to appointments? Are you on income related ESA?
Were you under the 16 hours a week? And earning under £131.50 (£125ish previously) per week? (I'm assuming not going by the amount you earned during this period.)
You've articulated yourself quite well here so it might be worth writing your statement out about the works aspect if you think you will struggle during the interview. Can anyone support you along to it other than your partner?
I'm not sure what decision they will make. I'd hope they would take everything into consideration and then you'd have to pay back what's owed.
In regards to your partner have they asked to see any bank statements?
Sorry if you've answered those questions there's a fair amount of information there.
They've not asked to see bank statements ( they have in the letter (standard letter?) When I spoke to the compliance officer she said "bring your wage slips"). I'm pretty sure I was under 16 hours although there may have been one week where I was over (possibly by an hour?) I earned too much by a few pounds on four of the weeks from what I can gather from my bank statements. I definitely need support around money and am surprised I was allowed to go on for so long managing myself now I'm aware of the support available. I really did think I was on my own in regards to support. I was thinking of writing a statement but don't want to incriminate myself by admitting to things/giving them information that they aren't aware of. I think the mental health team will support me but in terms of my own responsibility for my actions it will be difficult to prove I was unwell. I tend to only reach out to the mental health team when extremely depressed and when I'm high I don't feel the need to ask for it.
QUOTE="Gaia, post: 16173422, member: 78222"]Paging equationgirl - are you able to assist here…? (well, you're definitely more able to than I am). EG is Urban's resident benefits expert, but I'll ask you something - were you claiming as a couple, or were you literally just paying your ESA into his account…? What account does the DWP have for you - presumably your own, yes…?
Hang on, I've just reread that - you're saying you were claiming ESA whilst you were working…? If the DWP finds out about that you're likely to be up the proverbial, and I reckon they'll likely garnish your wages until you've paid back what you owe (plus interest (I've no idea what they charge - think it's 10%, but don't quote me on that)). You're almost certainly be told to attend a tribunal I'd have thought - do you have a CAB near you (where are you, by the way…? Just roughly. Are you in England (because it'll be different in Scotland and different again in Northern Ireland)…?
But anyway, EG will certainly be able to offer you better advice than I can (I'm feeling too muzzy-headed myself right now).[/QUOTE]
I was claiming as single, they do not know I have a partner (stupid I know) but I didn't realise the rules at first then I got scared I'd end up homeless if I told them as I knew I wouldn't be able to cope with a full time job e.t.c. housing benefit is paid directly into his account by the council and my ESA and PIP are paid into my account. I then transfer this straight into his account by standing order to prevent me spending it. This started off as a way to pay bills but over the last year I changed the payee reference on the transfers to "joint savings" with the understanding that money leftover from bills would be put into a joint account ( but in his name, we don't share an account in both our names). I am no longer working, the work I did was in a short period mid October until early December and then mid December until late January at another workplace. This was all part time - under 16 hours (maybe a few over on one week) I may have gone over the earning limit by a couple of pounds on some of the weeks. As far as I was concerned I was ok and it counted as permitted work - didn't know they were to be informed.
worried about the prospect of them realising I am in a relationship and owing a HUGE amount and possibly going to court. I will not be able to cope with this! I am already finding it really hard/nearly got sectioned and I haven't even had the compliance interview yet :'( I've read cases online about other people with bipolar going through the same thing (fraud cases) and the DWP dragging their names through the press.
If this happens to me I am really worried about what I will do, I can't live knowing what people will think of me, I am already too embarrassed to tell people I know about my condition so if this is in the papers I won't cope with that and will be leaving behind my poor partner who has done nothing wrong. I really don't want to hurt him, he claims no benefits at all and I've brought all this down on top of him, I'd hate for him to be embarrassed to be with me.
I'm not sure whether to give the wage slips and pray they don't access my bank account - other than the undeclared work they have no reason to (I hope)I don't have any interest generated on my account as there's not much money in it or whether to risk it and give them no evidence and them possibly escalate the case to a full fraud investigation.
I have lost so much weight since last week, it is all making me really ill. Best case scenario they drop it due to my health and then I stop claiming altogether in a few months to get it out of my life for good. I'm not sure how I'll cope but I can't go on living in fear
Hang on, I've just reread that - you're saying you were claiming ESA whilst you were working…? If the DWP finds out about that you're likely to be up the proverbial, and I reckon they'll likely garnish your wages until you've paid back what you owe (plus interest (I've no idea what they charge - think it's 10%, but don't quote me on that)). You're almost certainly be told to attend a tribunal I'd have thought - do you have a CAB near you (where are you, by the way…? Just roughly. Are you in England (because it'll be different in Scotland and different again in Northern Ireland)…?
But anyway, EG will certainly be able to offer you better advice than I can (I'm feeling too muzzy-headed myself right now).[/QUOTE]
I was claiming as single, they do not know I have a partner (stupid I know) but I didn't realise the rules at first then I got scared I'd end up homeless if I told them as I knew I wouldn't be able to cope with a full time job e.t.c. housing benefit is paid directly into his account by the council and my ESA and PIP are paid into my account. I then transfer this straight into his account by standing order to prevent me spending it. This started off as a way to pay bills but over the last year I changed the payee reference on the transfers to "joint savings" with the understanding that money leftover from bills would be put into a joint account ( but in his name, we don't share an account in both our names). I am no longer working, the work I did was in a short period mid October until early December and then mid December until late January at another workplace. This was all part time - under 16 hours (maybe a few over on one week) I may have gone over the earning limit by a couple of pounds on some of the weeks. As far as I was concerned I was ok and it counted as permitted work - didn't know they were to be informed.
worried about the prospect of them realising I am in a relationship and owing a HUGE amount and possibly going to court. I will not be able to cope with this! I am already finding it really hard/nearly got sectioned and I haven't even had the compliance interview yet :'( I've read cases online about other people with bipolar going through the same thing (fraud cases) and the DWP dragging their names through the press.
If this happens to me I am really worried about what I will do, I can't live knowing what people will think of me, I am already too embarrassed to tell people I know about my condition so if this is in the papers I won't cope with that and will be leaving behind my poor partner who has done nothing wrong. I really don't want to hurt him, he claims no benefits at all and I've brought all this down on top of him, I'd hate for him to be embarrassed to be with me.
I'm not sure whether to give the wage slips and pray they don't access my bank account - other than the undeclared work they have no reason to (I hope)I don't have any interest generated on my account as there's not much money in it or whether to risk it and give them no evidence and them possibly escalate the case to a full fraud investigation.
I have lost so much weight since last week, it is all making me really ill. Best case scenario they drop it due to my health and then I stop claiming altogether in a few months to get it out of my life for good. I'm not sure how I'll cope but I can't go on living in fear
Proper Tidy
Arsed
Hi 1324534. No judgement here at all, sounds like a tricky and stressful situation.
Because it's quite complex, really would suggest you try and get help from a law centre or failing that CAB. CAB website can direct you to any law centres available in your area.
Re: payslips - if DWP have explicitly asked for them then can't see how you could fail to provide without ending up sanctioned or otherwise disciplined in some way, so would provide. If the bank account details on pay slips are different to the bank details you have ESA etc paid into then good chance they would ask for statements - but if only evidence of financially dependent cohabiting is you placing money into your fellas account and use of 'joint savings' as reference then you could argue that this is due to your money issues caused by disabilities, which you can support with evidence, and that fella is a friend/housemate who helps you. But really you need to get qualified help, not armchair stuff from people online.
Good luck and don't let the bastards grind you down. Bag of chips and a good night's kip is always a winner.
Because it's quite complex, really would suggest you try and get help from a law centre or failing that CAB. CAB website can direct you to any law centres available in your area.
Re: payslips - if DWP have explicitly asked for them then can't see how you could fail to provide without ending up sanctioned or otherwise disciplined in some way, so would provide. If the bank account details on pay slips are different to the bank details you have ESA etc paid into then good chance they would ask for statements - but if only evidence of financially dependent cohabiting is you placing money into your fellas account and use of 'joint savings' as reference then you could argue that this is due to your money issues caused by disabilities, which you can support with evidence, and that fella is a friend/housemate who helps you. But really you need to get qualified help, not armchair stuff from people online.
Good luck and don't let the bastards grind you down. Bag of chips and a good night's kip is always a winner.
BristolEcho
Well-Known Member
Yeah it's a good point about the statement as you want your story to be straight, you need to be clear in what you are going to say though.
I'd hope that they will consider your poor health, the small amount of hours worked over the limit and the fact that you've not had any support from external services for this when it's clear you would benefit from it. It might be worth you sitting down and working out how far you've gone over just so you know.
I know you told them about the job now. Did they mention what the interview was for or if it was just a standard compliance meeting? Have they only asked for the wage slip? You're not obliged to take anything they don't ask for I would say.
The 2nd part is more difficult and I don't feel qualified to give any advice on it as I really wouldn't want to give the wrong advice and that go against you. I'd recommend legal advice around that, but also note you're not under legal investigation yet.
Please try not to read too many horror stories as they are just going to increase your fears even more. Think how many cases happen and it's a really tiny percentage that end up in court let alone in the paper. Try to deal with this first part and then go from there.
I'm obviously concerned at a lot of the words your using here around not being able to cope and leaving behind your partner. I hope you can continue to engage with the mental health team and too get support through this.
Have you had support from other services? I know mental health teams can be quite limited in what areas they can work in so if you need support in more areas then possibly ask for a care assessment too.
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equationgirl
Respect my existence or expect my resistance
I just want to point out that I am not the resident benefits expert, there are posters way more experienced than me in this area.
I would recommend doing what others have already suggested - get your facts straight, find payslips and bank statements so you have them to hand, speak to the CAB. The situation is complex and requires more knowledge of the system than I have.
Eta: I help posters on the ATOS thread in the politics sub forum, mainly with WCA assessments. But I do not hold myself out to be an expert in this area, there are posters far more experienced in the ways of DWP than me.
I would recommend doing what others have already suggested - get your facts straight, find payslips and bank statements so you have them to hand, speak to the CAB. The situation is complex and requires more knowledge of the system than I have.
Eta: I help posters on the ATOS thread in the politics sub forum, mainly with WCA assessments. But I do not hold myself out to be an expert in this area, there are posters far more experienced in the ways of DWP than me.
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Gaia
Urban's Village Idiot
My apologies EG, it's just that you seem to be extremely knowledgeable. More so than me (which isn't fucking difficult). I wasn't intending to imply that you were anything in an official capacity.
I just wanted to say thank you to all those who commented, although I didn't really get any answers to my concerns - which was silly to expect from anyone other than a solicitor or Compliance officer, the support made me feel a lot better about the situation. I am going to pay for some legal advice following what everyone has said to try and protect myself as much as possible from now on, and i'm coming off benefits as soon as I can as the stress from all of this has been far worse than i've experienced in any workplace!
geminisnake
a complex mass of conflicting ideas
Not being funny but if the DWP want access to your bank account they will have already asked your bank ime. They may well have already seen your statements so may know about the joint savings account. I can't remember how much detail mine showed when they had them. You should be ok with the savings though, it's well less than 6K, which is when you have to tell them about savings.
I think proper legal advice is the way to go, good luck and try not to stress too much
I think proper legal advice is the way to go, good luck and try not to stress too much
Proper Tidy
Arsed
Good idea getting legal advice. You might not have to pay though - try CAB for any local law centres and see what options you have for free legal advice
BristolEcho
Well-Known Member
As PT said check for a local law centre as you might not need to pay. Also consider any local mental health advocacy groups. In Bristol there are a few but not sure about nationwide. You don't have to fight on your own.
Keep us updated if you want too.
equationgirl
Respect my existence or expect my resistance
That's OK, it's just that benefits can be very complicated and I wouldn't want to give someone bad advice.My apologies EG, it's just that you seem to be extremely knowledgeable. More so than me (which isn't fucking difficult). I wasn't intending to imply that you were anything in an official capacity.
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