Benefits while separated

[bluenoes]

Re: Benefits while separated

I can't see them finding against you to be honest. Just remember to keep everything as transparent as possible so they cannot accuse you of hiding anything

It might be worth you both having a word with your MP too - just to see if they will write to the benefits agency in support of your ex's claim and asserting your truthfulness as to your living arrangements ('official' intervention can work wonders )

That's a good idea, will have a look into it, thanks again.

[des8]

Re: Benefits while separated

I'm a bit bemused by the warning that "she will be put under surveillance" if you do not move in together.

If they suspect one of making false claims why would they warn one?
Is this meant as some sort of threat, or is it just stupidly warning the target?

[Kati]

Re: Benefits while separated

From what I can work out, intelligence gathering by Government departments is generally covered by the Regulation of Investigatory Powers Act (2000), or RIPA. The DWP weren't originally granted powers under this Act, but were added later by statutory order.

An introduction to some (but not all) parts covered by RIPA (17 page pdf) - http://www.liberty-human-rights.org....ugust-2010.pdf

and the legislation that added the DWP to the act - http://www.legislation.gov.uk/uksi/2.../contents/made

Here's the DWP's GUIDE TO FRAUD INVESTIGATIONS but at 979 pages it's a lot to get through - I've found this bit out tho' ....

the DWP cannot intercept communications.


the DWP cannot perform intrusive surveillance (such as obtaining access to private property without permission to perform surveillance or place surveillance equipment).

For example, they're not allowed to bug your house or car, they're not allowed to use things like parabolic microphones to listen to you there, and they're not allowed to sit in your garden at night to eavesdrop through an open window.


the DWP can perform directed surveillance (watching and listening to you in circumstances where you can't expect privacy).

For example, they can follow you around and film you while you're out shopping, and they can eavesdrop on your conversation in places like a cafe or a public park.

In addition, they can watch you in your garden or through a window if they do it from a place where the general public would be able to see you, and they can eavesdrop on anything they can hear from the pavement while you're in your garden or near an open window in your house.

They can also get permission to conduct surveillance from someone else's private property, so (for example) they can film or eavesdrop on you from behind your neighbour's fence if your neighbour agrees to let them do so.

However, they are required to protect any personal information they obtain during surveillance which does not relate to their investigation.


the DWP can use human intelligence sources. This means that they can use witnesses, informants and information obtained from sources like Crimestoppers or the DWP's own anonymous fraud reporting hotline.


the DWP can collect some but not all types of communications data. This is more closely regulated under the SSFA than RIPA; the data they can collect is specified as part of the huge list of organisations and information types authorised by the SSFA.

K x

[bluenoes]

Re: Benefits while separated

Thanks for the help Kati.

She has sent a brief email to the local MP explaining the situation and he has already replied by snail mail to say that he will look into it immediately, so hopefully that is good news.

Meanwhile I have taken some free (work provided) legal advice to be told pretty much the same as has been said on here.... it is down to them to prove that we live together, and with me being able to provide all the required documentation to prove I do not, they need to state if that is not enough evidence that I don't live there, then what is?

We also discussed the option of moving in together, but have both agreed its not what either of us want.

She was going to ring the DWP today in advance of their 4 weeks deadline to tell them this, but with todays development from the MP, we think it is best to wait to hear back from him again.

Hopefully her nerves are easing a little now .....

[Kati]

Re: Benefits while separated

Thanks for the help Kati.

She has sent a brief email to the local MP explaining the situation and he has already replied by snail mail to say that he will look into it immediately, so hopefully that is good news.

Meanwhile I have taken some free (work provided) legal advice to be told pretty much the same as has been said on here.... it is down to them to prove that we live together, and with me being able to provide all the required documentation to prove I do not, they need to state if that is not enough evidence that I don't live there, then what is?

We also discussed the option of moving in together, but have both agreed its not what either of us want.

She was going to ring the DWP today in advance of their 4 weeks deadline to tell them this, but with todays development from the MP, we think it is best to wait to hear back from him again.

Hopefully her nerves are easing a little now .....

I've got my fingers crossed for a good outcome for you both ... please keep the thread updated so we know how it turned out
K xx

[bluenoes]

Re: Benefits while separated

Finally we have some news....

The last thing I mentioned was that my wife had written to her MP and he had replied saying that he would look into it.

Well a couple of weeks went by and she hadn't heard, so she emailed him again. A reply came shortly after with a copy of a letter from Iain Duncan Smith the secretary of state for the DWP, stating that MP's are not allowed to intervene in these matters, but he confirmed that their was a case being investigated.
However, her MP said that he would do all that he could to help.

This wasn't particularly good news to her as she wasn't expecting to hear that MP's were not allowed to help.

So, rather than ring the interviewer back opening the chance of more bullying tactics, she wrote a detailed letter to the DWP and sent it recorded delivery.
She categorically denied the allegations, and sent numerous copies of evidence of out separate living arrangements including utility bills, driving license, car insurance, rent agreements....a very long list. Looking through the documents just confirmed how ridiculous the allegations were. None of it made any sense and didn't add up to what was being alleged.
She also stated in this letter that if this evidence was insufficient, then they needed to tell her what is. She advised them that she had written to her MP on the matter, and that she was very unhappy with some of the derogatory comments that the interviewer had stated. She also sent a copy of the letter to her MP.

Needless to say there has been no reply from DWP some 3 weeks later, and the DWP deadline of either moving me in or being put under surveillance has long passed.

However, today, a letter arrived from her MP, again with a letter attached from Iain Duncan Smith.
Her MP had been in touch with him again stating the evidence that she had provided to DWP.
The letter said that the officer in charge of the case had received all of this documentation, and that the case was now closed.


So, its over, finally.

In my mind there was never any doubt. Maybe it was easier for me to see that, but she has been worried sick for weeks on end because of this.
If her MP had not taken the trouble to get involved, although I believe the outcome would have been the saem, she would still be worrying all the way through christmas.

So, relief all round, and we can finally put it behind us.

I do feel that she should make a complaint though about this interviewer. At the initial interview, she told her that this sort of evidence can be provided, but it was dismissed. This interviewer in my book is no more than a bully and needs investigating into her methods. I appreciate they have a job to do, and agree with finding out real benefit cheats, but this should have been case closed a long time ago, and not put people through this.

When the Secretary of State for DWP is basically saying the evidence that has been provided is enough to close a case, then surely these people doing these interviews should be aware of this???


Anyway, I would like to thank everyone who has given us advice and input into helping to sort this out, it is really appreciated.

Merry Christmas and New Year to all, thank you

mashappy:mashappy: