Advice needed

[Passedfriend]

I have just received a letter from the benefits agency informing me of a date for an interview that is under caution.
I’m shocked, speechless, anxious and don’t know what to do.
Appointment is in 4 weeks time.
A friend who died 3 years ago applied for carers allowance to be paid to me, at the time all I had to do was sign the form that she filled in.
Anyway I provided support for my friend in that I would talk to her on the phone several times a day. Pop over often to see her, I’d take her out shopping. I never provided any personal care but I was a good friend.
She was a single parent to 2 dc one of whom had a learning disability and the other mental health problems.
Stopped receiving carers benefits around 3 years ago. Friend passed away around the same time. Although I am not certain of the exact dates.
Am now being called in for an interview and the reason as stated on the letter is “not caring”
what on earth do I do or day.
I can’t tell my partner atm as he’s on sick leave due to stress and he’s not been in a good place lately. I will tell him at some point but would prefer not to just yet. I’d rather try and deal with this myself.
Plea if anyone has any advice I’ll be really grateful.

Given that your friend is dead I think the DWP are onto a sticky wicket because they cant get her side of the story.

I also suggest that you compare it with looking after a (say) 11 year old child.

You dont have to be hands on all the time BUT you need to be around, In this case int not just being 'on' the phone its being able to take that call when she rings.

ALSO

If they decide to make a decision that you were NOT entitled go to appeal & DONT let them get away with taking ANY action until the appeal process has been exhausted

Its ONLY the appeal process that can decide IF you have received any benefit you are not entitled to, not Court

I might suggest taking someone with you and contacting Citizens Advice or a Law Centre if there is one

Best to be honest. For carers allowance you have to be caring for the person 35 hours a week at least and I think there is also an upper earnings limit.

Were you earning or receiving benefits at the same time?

An interview under caution means that the Department for Work and Pensions (DWP) is formally questioning you about your Carer's Allowance claim because they suspect you may not be providing the level of care required to qualify for the benefit, and this interview is considered "under caution" which implies that if they find evidence of fraud, you could face legal consequences.

To be eligible to receive carers allowance:
The person you care for
The person you care for must already get one of these benefits:
• Personal Independence Payment - daily living component
• Disability Living Allowance - the middle or highest care rate
• Attendance Allowance
• Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit
• Constant Attendance Allowance at the basic (full day) rate with a War Disablement Pension
• Armed Forces Independence Payment

Your eligibility
You must earn no more than £120 a week after tax and expenses. Expenses can include:
• 50% of your pension contributions
• some of the costs of caring for your children or the disabled person while you’re at work
All of the following must also apply:
• you’re 16 or over
• you spend at least 35 hours a week caring for someone
• you’ve been in England, Scotland or Wales for at least 2 of the last 3 years (this does not apply if you’re a refugee or have humanitarian protection status)
• you normally live in England, Scotland or Wales, or you live abroad as a member of the armed forces
• you’re not in full-time education
• you’re not studying for 21 hours a week or more
• you’re not subject to immigration control

You need to seek legal advice. Without assuming, but based on your responses, I'd guess you (1) didn't help them more than 35 hours a week and (2) didn't earn less than £120 per week otherwise. You've committed benefit fraud. A solicitor can tell you if it's best to comply, be honest in interview and apologise (they can tell you the repercussions of what you've done) or to say no comment. I'd say the former looks better if they've clearly got you caught for it because your honesty will go towards your "penalty". You can't plead that you didn't know and your friend asked you to sign something you didn't understand, as you received money and should have realised quickly at that point.

Not a lot of sympathy as someone who has family that is actually a carer...

Were you earning when you were claiming Carers Allowance?

https://www.gov.uk/government/news/next-steps-on-addressing-carers-allowance-overpayments-announced

Because thats a Hot Potato right now

Also (From Memory) there is the Social Security (Assessment of Income) Regulations 1995 which basically sets out how the DWP MUST assess your earnings - if you have any BUT they often dont apply the regulations correctly - if at all hence my earlier advise about appealing.

BUT the DWP have made a right hash of Carers Allowance claimants earnings in recent years so be warned

Here is the Decision Makers Guide

https://assets.publishing.service.gov.uk/media/671ba7ea1037a76fc9903e4d/dmgch60.pdf

Thanks for the information.

No I wasn’t earning at the time.

Were you caring for her for over 25 hours a week, most weeks? If not, either the application for carers allowance should have been rejected. I would imagine that either they overlooked something on a form that was reason they should have rejected the carers allowance, or one of you lied on the form and somehow they've found out.

Stopped receiving carers benefits around 3 years ago. Friend passed away around the same time. Although I am not certain of the exact dates.

This is probably what they are looking at. Find out the exact dates.

Agree, have your facts ready from when claim started, any work/benefits claimed, when claim ceased and why, date friend died. If you have evidence of any care you gave so much the better.

The plot thickens

How on earth then can they prove 4 years from your friends death you were not doing the requisite number of hours?

And as I have said a lot of it is being 'on call' not necessarily there

How on earth then can they prove 4 years from your friends death you were not doing the requisite number of hours?

It's more likely that the CA was paid longer than it should have, not that OP wasn't caring while her friend was alive.

@Passedfriend My husband is a welfare benefits lawyer managing a specialist appeals unit.

From what you say you did not qualify for carers allowance as the minimum is 35 hours, phone calls are classed as too remote to be classed as care.

He tells me that the DWP are doing a massive trawl of this particular benefit due to people claiming whilst over the earnings limit.

He says they are also on a fishing expedition and on the basis of what information you have provided here you have got lifted in the net.

An invitation to an interview under caution means it is a criminal investigation. So anyone up thread talking about appeals and tribunals are a tad incorrect.

He advises that you either do not go to the interview at all as they cannot compel you. Or go to the interview to find out what this is about but MAKE NO COMMENT WHATSOEVER.

if as he believes they are fishing, you could incriminate yourself.

Either way they could determine that you were not entitled to the benefit, and generate an overpayment situation. Depends what evidence they have.

If they do that then you can appeal that decision and the onus would be on them to show you did not qualify.

Worst case scenario is they have evidence to prosecute, which seems unlikely, so answering questions at interview could sink you.

Slightly less worse is you have an overpayment being charged to you of in the region of £9,000.

Saying you signed a form filled in by someone else is not a defence BTW, as to liability but may prevent a prosecution.

sorry but you have a problem whatever way you approach it.

This is the advice I referred to.

I've worked benefits and appeals cases back at a student law office (when UC was overhauled!) and it was nice to help other work through an unfit for purpose system.

The "if in doubt, no comment and fact find" approach is our unrivalled equivalent of IT telling you to turn it off and on again. 😂

I agree with this

many years ago I was talking to an investigating officer about a case where there was a clear 'living together' issue

However as she had killed him in a drunken car crash we were never going to get his side of the story so he was not going to take it further

I suggest that the DWP may well be trying it on after all unless there is something concrete which I doubt say nothing as advised above and just listen to what they have to say and take notes, if you go at all

WRONG. It's 35 hours per week.

If correct, simply answer yes/no to these two questions ....

Below earnings threshold? Yes
Did you care for her for a minimum of 35 hours per week? Yes

I would decline to answer all other questions, apart from name/address etc.

Let us know how you get on.

35 hours!

Thanks for all your advice.
Interview isn’t until mid February so I have time to prepare.

Only thing I can think of is that I certainly didn’t do 35 hours during Covid lockdown.

During lockdown, emotional support via telephone and/or social media counted towards the 35 hours threshold. You were also entitled to continue to receive Carers' Allowance if there was a break due to the person you were caring for getting COVID or if you had to self-isolate.

Really, find out the date you ended the claim. It is far rnore likely to be that

You said you stopped getting the money, is it possible that someone else redirected it?

What happened @Passedfriend