Accused of benefit Fraud on ESA - timelimited

Help - I have had a letter regarding a compliance interview at the job centre - I telephoned and the person who has called me in said someone as reported me via the internet or in a telephone call - I am completely stunned - I ave suffered from anxiety since 1995 finally having to finish work in 2006 - I was on incapacity benefit and then on to ESA which was time limited in Dec 2012 I have not had any money since then but have asked for a reconsideration which has still not taken place so thats 18 months ago - but I have been getting my NI credits paid - last June I was really bad and my tablets had to be upped etc - I began seeing a councillor again privately who said try and get out - I used to work as a teaching assistant and got some hours via an agency - in all - I worked 14 days worth of 6 hours over many works and earned £770 in total = correct me if I am wrong you can work 16 ours a week for 52 weeks - I am no where near that and have had to turn down work for the last 10 weeks as not been well enough - only my doctor knows I was on benefits - I am stunned !!!!! are they telling the truth when they are saying someone has made the allegation - I can prove everything I have said is true - any help gratefully recieved

Hi Indy,

Did you notify DWP of your 'permitted work'?

No - I didn't - to be honest I knew it was going to be a short term thing - who wants someone who turns up and runs off crying - so stupidly I just didn't - reading stuff now looks like I was supposed to but I am socked at the job centre person - somebody has reported you ????? And as I say the hours worked and money recieved are no were near the DWP upper limits or am I completely wrong - sorry I am just in sock at they way she said we have had an allegation against you

I didn't because I knew it was probably only going to be a short term thing - as no one wants someone who runs off crying - but looks like I should have after what I have read on here but I know that the money paid and the ours are no where near the DWP's upper limits for permitted work but I am so stunned by the words an allegation has been made against you of fraud - do you think they are just saying that ???

Indybear wrote: Help - I have had a letter regarding a compliance interview at the job centre - I telephoned and the person who has called me in said someone as reported me via the internet or in a telephone call - I am completely stunned - I ave suffered from anxiety since 1995 finally having to finish work in 2006 - I was on incapacity benefit and then on to ESA which was time limited in Dec 2012 I have not had any money since then but have asked for a reconsideration which has still not taken place so thats 18 months ago - but I have been getting my NI credits paid - last June I was really bad and my tablets had to be upped etc - I began seeing a councillor again privately who said try and get out - I used to work as a teaching assistant and got some hours via an agency - in all - I worked 14 days worth of 6 hours over many works and earned £770 in total = correct me if I am wrong you can work 16 ours a week for 52 weeks - I am no where near that and have had to turn down work for the last 10 weeks as not been well enough - only my doctor knows I was on benefits - I am stunned !!!!! are they telling the truth when they are saying someone has made the allegation - I can prove everything I have said is true - any help gratefully recieved

Hi Ib,

Whether someone has reported you anonymously is an unknown.

It could just be a "fishing" exercise.

Several of our members have had Compliance Interviews, and all has been O.K.

ESA is an out of work benefit, however you are allowed to carry out :

Permitted Work

See also : Work for people living with disability or health conditions.

Only the DWP can decide that any work that you may do is "Permitted Work", therefore you would need to inform them if you were intending to do/doing any type of work, so they could then decide.

If you were actually in receipt of Contribution Based (CB) ESA whilst you were working, and you were doing work that the DWP were not aware of, then an overpayment may have taken place. The DWP may therefore want repayment of any such overpayment.

Even if there was no payment of CB ESA, there may be issues with the fact that you were working, especially if the actions/duties carried out in said work were in direct contradiction with the limitations that resulted in your ESA WRAG Award.

Remember, if you are placed into The WRAG, you are deemed as having Limited Capability for Work. (being unfit for work)

You need to check whether this interview is to be an Interview Under Caution (IUC) rather than a normal compliance interview.

If it was to be an IUC, then you would be best advised to obtain legal support and the accompaniment of a solicitor.

In any case, you only have to answer any questions that are put to you, you do not have to volunteer information.

If you requested a Reconsideration 18 months ago, then you should have most certainly heard something regarding this.

Do you have any proof that you posted such a request and that it was received by The DWP ?

Sending Documents to the DWP or ATOS

Hopefully, this interview will turn out to be a standard compliance interview, and there will be no further action.

Please keep us updated.

Where to get advice


bro58

O the DWP have had the reconsideration - the woman I spoke to regarding the compliance interview even quoted to me that I had asked for one - I have received no money whatsoever since Dec 12 - not entitled to ESA means tested as husband works over 24 hours and have never applied for DLA or PIP etc - No one and I mean no one other than my doctor knows so I believe woman at job centre just telling me that - Perhaps they have picked it up from the P60 the agency sent me - which proves the amount earned and if I had any intention of committing fraud would not have had any money put in my bank account - I am still shocked [Mod Edit Inappropriate Content]- I have asked for a cancellation at job centre to get this sorted asap so will keep u posted