What happens

[amh4]

After an interview uder caution with both the DWP and the relevant Council regarding Housing Benefit overpayment, followed by an appointment for a second interview with only DWP, my daughter then receved a letter from the Council saying that she is not deemed to have acted fraudently although the overpayment still stands. She can appeal this before the 6th June. She then attended the second interview under caution (the interview and letter crossed) and was told she would be hearing about whether she is to be charged for fraud. She is still waiting to hear on this.

Can someone explain to me what might be the process here. She will be repaying the overpayment. Is the DWP stll looking for a conviction, and if so, what might be the outcome? I am confused.

Many thanks

amh4

[Gengulphus]

It sounds to me as though the Council have decided that they don't want to prosecute her for fraud and the DWP haven't yet decided whether they want to or not. They are two different organisations and not obliged to come to the same decision on the matter, even if they have co-operated with each other on the investigation.

I think the process is simply to wait for DWP to make their decision - keep all letters and other evidence about the matter, but otherwise try to get on with life. If they decide not to prosecute, all well and good. If they decide to prosecute, then she needs to decide what to do about it - she's likely to want legal advice then, and the possibility of that happening is why she wants to keep evidence.

I do realise that "Wait and see - and try not to worry" can be hard advice to follow! But it looks to me like what's appropriate for this situation...

Gengulphus

[amh4]

Thank you for that Gengulphus

[Clitheroekid]

I've answered your original question on the Dealing With Debt board - viewtopic.php?f=10&p=57233#p57233