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compliance telephone interview for Friday 22 July!

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2 years 6 months ago #272290 by ELEANOR
I receive PIP and contributions based ESA. This morning I received a notice of a compliance telephone interview for this Friday July 22. The letter talked about 'your benefit' but did not say which benefit. I assume it is for the ESA. I am 62 and received two lump sums of about £4000 each, one in 2021 and one in 2020, from jobs I did before I became ill. My monthly pension is £99. My husband was in full time employment till December 2021 and we were able to save £40000 which is in an ISA in my name. Should I be worried?

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2 years 6 months ago #272296 by LL26
Hi ELEANOR,
A compliance interview us something you should take seriously. I guess it might just be a random spot check, but it is likely that DWP either think you are not entitled to benefit because you are not ill, or more likely perhaps they feel you have been overpaid.
Are you sure that you are only on ESA contribution based? Sometimes you can get ESA means tested (also called ESA income based) top up. The £40k you have in the bank is going to preclude ESA ib as you are very much over the capital limit. I suspect with your pension and previous husband's income you are likely to exceed the income limit. You may well still exceed the income limit.
If you are on ESAib and didn't realise this, you may have been overpaid. This may have happened if you didn't declare eg pension, or the money in the bank. Sometimes DWP fail to record when you tell them!
There is no income limit for ESA cb, but pension income is taken into account if over £85 per week. ( half the difference over £85 will be taken off the weekly ESA cb.)
However your monthly rate is £99 so that would fall within the exempted amount. It could be that DWP think the pension is £99per week perhaps?
However all of the above may just be speculation.
I would try and get the interviewer to declare what the compliance problem is at the start. They might try and be coy, and ask questions first to see if you admit anything. This is wrong. If there is any possibility there could be a charge of fraud, ( unlikely unless you have been utterly dishonest) the officer should give a formal caution and state the issue.
For your own protection please record the call, or at the very least take notes.
If you have declared all your pension, savings etc, and you have made notes of any call or letters sent have these to hand for the call. It may also be useful to have details of your bank statements, pension statements with relevant dates etc etc in case these are required. Also when you disclosed income etc to DWP.
If DWP are alleging fraud, or you are uncertain what they are alleging, ask for full written details and then get them to phone back when you have the details. If DWP really think it is fraud, you may wish to get a solicitor.
However, whatever the call is about think carefully about your answers before you speak.
You need to be truthful at all times.
OK, so I have probably made you panic. (Sorry!)I have tried to go through the worse case scenario so you can be prepared- knowledge is always power! Hopefully it will be a simple problem of DWP getting confused.
Fingers crossed.
Let us know how you get on.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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2 years 6 months ago #272305 by ELEANOR
Thanks! Can I phone them in advance to ask which benefit they are talking about? I should be able to have someone with me, correct? Am I allowed to record the call?

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2 years 6 months ago #272307 by BIS
Hi Eleanor

Yes, you can ring beforehand for some clarity. Yes, you can have someone with you on the call. You are free to record the call yourself - just don't tell them you are doing it.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ELEANOR

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2 years 6 months ago #272317 by PDix
We had a meeting of this nature some years ago. I phoned to find out more and they would not tell me anything. If you can get a solicitor, on legal aid, they can find out the purpose of the meeting before the compliance team talks to you. Without going into detail ours was sorted and the compliance team was embarrassed as they had not read the paperwork properly and looked idiots.
The following user(s) said Thank You: Gary, LL26

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2 years 6 months ago #272328 by ELEANOR
I phoned this morning and spoke to the compliance officer. She was lovely and allayed my fears. It is about my ESA which is contributions based. She knows that my pension is only £99 a month. She said it's nothing to worry about. When they don't hear from people for a whle they do a review to make sure they are receiving what they ought to be. She did say that, because I am receiving a pension, they need to know. Thank you for your help, and stay cool!
The following user(s) said Thank You: Gary, LL26, Lukman

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