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Original poster

Dwp 3rd compliance meeting

108 replies

Ladyluk · 14/04/2019 16:58

Hi everyone I'm looking for advice plz . I went to my 3rd compliance meeting over being reported that my partner lives with me when he doesnt. We have a son together and he stays 2-3 nights a week and goes. We have thought about moving on together but I'm not ready for that. They are ringing me tomorrow to see if I want to change my circumstances and close the case. If not they say there is a financial connection to him at my house which they wont tell me about and will file for me to have a meeting under caution and be prosecuted. I've told them I've done nothing wrong but they believe that due to my son's age and the time I have alleged had him moved In they believe there is a case. I've not eaten or slept and I've booked to see a solicitor . Any advice would be appreciated many thanks

OP posts:
spongedog · 14/04/2019 17:55

my question is who is paying for these solicitors?

ConfCall · 14/04/2019 17:58

Looking at it from DWP’s viewpoint, he can’t prove he’s living at his uncle’s, he’s not paying you child maintenance. It looks really suspicious. They’ve obviously built a case and I can’t see you winning this one OP. I know that some posters will be outraged on your behalf and will tell you to fight, but that will take up time, money and emotional energy and it is likely to fail, and land you with a record for benefits fraud. Give your next step some serious thought.

Skyejuly · 14/04/2019 17:59

The 3 nights a week isn't true.

If you are a couple you are committing fraud.

MagicKingdomDizzy · 14/04/2019 17:59

If your partner is actually living with his uncle legitimately, it shouldn't be hard to prove. There must be some bill in his name with his uncles address on it, some kind of paper trail (and not for the last few days, we're talking months). These days no one is off the grid to that extent unless they are deliberately trying to be.

If in fact he is living with you, whilst pretending not to, so you can claim single parent benefits, DWP will find out and you will be fined or charged.

If you are telling the truth you'll have nothing to worry about........

Puzzledandpissedoff · 14/04/2019 18:04

How's it not her fault?

I've made a complete mess of explaining that haven't I? Blush

I meant that the DWP are probably jaundiced by all the similar stories they've heard, but that it isn't OP's fault that other people before her have told false stories

As I said, it will probably rest on being able to prove the DP lives mainly elsewhere, and that's not sounding likely

BricksInTheWall · 14/04/2019 18:04

If he stays that often why is he not contributing towards his son and the mother of his son? Are you seriously telling us that he gives you no money whatsoever but gives his uncle money when he doesn't stay there all week? Come on.

Does he pay for shopping, with cash? Does he buy things for you and your son, with cash? You may pay for all bills by direct debit or whatever and feel that keeps you safe and legit but if he in any way financially contributes to your home or life, and you are indeed in a relationship and have a child together- you're screwed.

It is now about what you can prove he does and doesn't do.

Can you prove he pays his uncle a set amount of rent each month? By withdrawing a regular amount as it's paid in cash as he would If this were a proper arrangement?

Can you prove he pays nothing at all towards the mother of his child and partner despite staying there 3 times per week? This is where dealing in cash bites you on the arse.

Can you be certain there are no ties at all linking him to your address?

You can be absolutely certain that if they are threatening an interview under caution then they have whatever evidence they need to stop your benefits and take further action should they need to. So I'd fully cooperate. And perhaps look at accepting whatever plea deal they are offering if your circumstances aren't going to change anytime soon as it won't be the end of it after 3 interviews.

cocomelon23 · 14/04/2019 18:06

Can you not see that it looks like you're living apart to claim benefits as a single parent?

IceCreamAndCandyfloss · 14/04/2019 18:11

Surely you've got to see it from their viewpoint. You clearly call him your partner so aren't single and were committed enough to have the huge responsibility of a child together.

Madein1995 · 14/04/2019 18:15

In a fraud case, the onus is on you to prove that you haven't committed fraud, not on the DWP to prove you have. Of course they won't tell you what proof they have! They save that for interview. So when you say 'no X doesn't live her' they'll then ask 'well explain how the car insurance is registered to your address' for example

Walkingdeadfangirl · 14/04/2019 18:18

With everything you have said on here you are committing benefit fraud.
You are illegally taking tax payers money for him to live with you for 3 nights a week. Its playing the system and you have been caught.

Carpetburns · 14/04/2019 18:19

So you are getting benefits as a single parent? When you clearly aren't?! Struggling to see how you haven't committed benefit fraud...

Madein1995 · 14/04/2019 18:19

Interview under caution isn't done for no reason. It costs DWP money so they look at whether a case will likely go to court, before proceeding. They also need to work within PACE and have clear justifications for any action they take. Remember whatever they do has to potentially stand up in a court of law. So you can be sure they're doing their homework.

Also, your 3rd compliance interview? I'm surprised you're even getting the option to meet with compliance and that they're offering alternatives. Usually after 1 previoua case concerning the same allegation it goes straight to criminal. They're the guys with warrant cards who do interviews under caution

Beargrin · 14/04/2019 18:20

You need to stop letting him stay over full stop. They are telling you their rules and unfortunately you have to follow them, I completely agree with you it's unfair if he's not contributing but that's the rules.

Is he on the council tax at his uncles?

reallybadidea · 14/04/2019 18:23

Dump him and start a claim for child maintenance. Then you stand a much better chance of convincing them that you're not actually a couple. If he's ever been violent to you in the past this will be in your and you child's best interests. Speak to women's aid for support.

Madein1995 · 14/04/2019 18:24

You have a child who presumably has the same surname as his dad or some link

The same man (who is the father to your child) who you have previously been in a relationship with, is living with you regularly.

The same man stays at his uncles but has little to prove that.

DWP have found a link between him and your address.

You've been accused of this twice in the past.

It doesn't sounds great, OP. The 3day thing is crap. It's more based on does he live there regularly? Things like does he keep clothes or toothbrushes there, does he have bills registered to that address, does he have food in your fridge, does he keep shoes there, does he help out with household costs eg broken washing machine, does your answer phone include his name, does he have a key, do you sign Xmas cards together, is he seen to be staying overnight and then taking son to school, etc.

FilthyforFirth · 14/04/2019 18:24

Why are you in a relationship with him if he has been violent? It is an odd excuse to say he is too violent to live with but not too violent to be in a relationship with or hage him stay over 3 nights a week...

Tawdrylocalbrouhaha · 14/04/2019 18:25

OP, where do his bank records show that he lives? If he drives, what address details do the DVLA hold?

Putthatlampshadeonyourhead · 14/04/2019 18:28

Why are you letting a man stay over who has commited DV.

And why isnt he paying CM. Or anything else?

Or is in fact giving you money towards the child, in cash. Which could now be seen as him paying towards bills?

NoBaggyPants · 14/04/2019 18:28

In a fraud case, the onus is on you to prove that you haven't committed fraud, not on the DWP to prove you have

Utter rubbish.

In a civil case the burden of proof would be on the DWP to prove “on the balance of probabilities” that the defendant committed the alleged fraud.

In criminal proceedings the burden of proof is on the prosecution to prove “beyond reasonable doubt” that the defendant committed the alleged fraud.

There's some hideously bad advice on this thread.

Putthatlampshadeonyourhead · 14/04/2019 18:30

It sounds like you have been pushing the boundaries of the rules for a while.

Puzzledandpissedoff · 14/04/2019 18:31

For those posting about domestic violence, OP said "previous violence"

I took that to mean in a previous relationship, though of course I could be wrong ...

NoBaggyPants · 14/04/2019 18:32

If you are a couple you are committing fraud.

The test is "living together as husband and wife", not whether they are a couple or not.

www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15070

OMGIwonacar · 14/04/2019 18:32

Yes but didn't say if previous as in previous relationship or previous incidents in this one

Ramdogs · 14/04/2019 18:35

@MissPollyHadADolly19 the '3 nights rule' does not exist in HB either. They look at the same individual circumstances as the DWP, there is no magic number of sleepovers per week that make you a couple 'living together as husband as wife' and therefore potentially commuting benefit fraud.

Shutuptodd · 14/04/2019 18:39

I heard somewhere that it is more than just staying over its if you are a couple and people would way you were one.

I was checked out for fraud as my ex hadn't changed his address for some documents including his driving licence but after sending proof of my wages, how I pay my rent, maintenance payments and his current address they dropped the case. Also the fact he has only seen his children once a month since we split.

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