My client has been asked to attend an interview under caution. The only possible reason would be that his wife recieves a pension through her employer which he didnt declare at the time of signing and claiming income support.

At the time, and until i informed him otherwise, he believed it was a disability payment and therefore disregarded. He was shocked to the core to find it was a pension payment as they are both in their forties.

Both recieve DLA care at the middle rate, which is of course disregarded. She gets SDA and he gets IB, with Income Support paid at couple rate SDP.

Can his ignorance of the fact make this an overpayment only? or are we looking at fraud despite the fact it was unintentional.

I remeber reading something about partners not having to disclose where income support is claimed by the other partner - but i dont want to push things! I'd really appreciate some help here.

From the info given, not fraud - client would have had to have misrepresented, deliberately withheld info, sought to obtain benefit dishonsetly etc. for that. But quite possibly a recoverable overpayment.

There's a very good guide to the process/tactics for interviews under caution on this site here http://www.rightsnet.org.uk/pdfs/Rep_at_Ben_Fraud_Ints.pdf

here

http://www.rightsnet.org.uk/pdfs/Ben_Fraud_WRChecklist.pdf

and here

http://www.rightsnet.org.uk/pdfs/SSPLA_ppp_Ben_Fraud_03_07.pdf

Your client perhaps ought to have the benefit of the advice of a criminal solicitor - or at the least an experienced welfare benefits specialist before attending any interview.

As to the issue of partners and disclosure - your client does have to disclose his partner's income if he knows about it* - not doing so will likely result in a recoverable overpayment. There is a decision (Commissioner Howell?) that the claimant will not have failed to disclose in circumstances where the partner has withheld from them the very fact of the additional income - and hence to recoverable o/p. But this doesn't appear to be such a case.

* - assuming, of course, the DWP's instructions as to what should be disclosed were actually sent to the claimant and those instructions are unambiguous.

Hmmm, would'nt be so sure its not fraud - from my experience in this situation I think most fraud officers would IUC your client, and if he told them what you say in the example they would then interview his wife, presuming she has signed the application for benefit form. It would then be up to the officer/managers concerned to determine who to take action against, if any.
It can get very confusing, especially if they contradict each other in the IUC's. From the example above I would think the probable outcome would be them both being interviewed and the wife being offered a sanction based on the fact that she was a joint signatory and she would have known that the money was a pension, not anything else, and therefore should have declared as such on the claim form.

I think !!!

This is an IS rather than HB claim - so there's no (iirc) counter-signing of claim form by a partner. Even where there is - as with HB claims, - there is only one claimant. And a recoverable overpayment can only be recovered from the claimant - see CH/3622/2006 - there is no discrete legal power to recover from a partner.

On the basis of the facts given (and it's only on this basis that any useful advice can be given) there is no fraud on the part of the claimant - no misrepresentation, no attempt to obtain money dishonestly. There is, I suppose, the possibility that wife might have deliberately deceived her partner/the claimant so that the couple might receive benefit to which they were not entitled - but that would be difficult to prove. Still, I cannot see any basis upon which the claimant might be convicted of fraud in this instance. Not to say, of course, that won't stop them having a go......(see above).

Do they have 2 carer premiums in their IS applicable amount?

Hi Guys,

I was under the impression this would be the case (overpayment rather than fraud) but needed the advice of more experianced advisers.

Can i personally thank you all so much for you advice and input. I really appreciate your time and expertese.

Thanks again

retrochav