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Compliance interview by telephone

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4 years 2 months ago #244303 by Foxred13
Compliance interview by telephone was created by Foxred13
Hello, just opened letter saying a compliance officer is going to phone me next week to conduct a telephone interview? I have never heard of these? I recently had to be reassessed for esa and am in the support group contributory, which I have been for a number of years. I receive occupational pension and pay tax on same and am in receipt of pip at standard rate for care and mobility? What can they want?

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4 years 2 months ago #244317 by Gary
Replied by Gary on topic Compliance interview by telephone
Hi Foxred13

When you say you are in receiptof ESA, is it IR or CB ESA?

The compliance interview is an interview to check what income you have coming into bank account(s) any savings, bonds, shares and any work. They may want to see your bank statements to see how much money is going in to your account and from where even if its ebay.

Some compliance interviews are caused by information received on the DWP fraud hot line.

If you get CB ESA then part of your Occupational pension will be taken into account.

I was with someone last week who failed to disclose that last year they had cashed in a pension worth £28k to pay off debts, I knew nothing about it and I was helping the person to apply for pension credits, the DWP do have access to the records. The person did not disclose it as he no longer had it, it was over 6 months when he cashed in his private pension, from a DWP perspective they could class it as notional capital.

Becareful on what you say but don't try and hide anything as they do have access to all electronic records such as bank accounts, pensions etc.

Gary

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

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4 years 2 months ago #244329 by Foxred13
Replied by Foxred13 on topic Compliance interview by telephone
I get contributory esa and have done since 2012. When I applied for this I was advised by someone who I thought knew the system that contributory esa was not means tested nor was my husbands income. In the summer a friend was applying for esa and I read the esa information and realised that occupational health pension is means tested if in receipt of contributory esa. I phoned dwp and talked to Male member of staff and explained what had happened. He said since the new esa rules came into force they had been “checking” up on esa clients. He said he used to work in the fraud department and my file ad not been flagged and not to worry as I’d told him. Since then I have had deductions taken from my esa and been reassessed and put back in the support group. On hindsight it must be because of this! I know I sound stupid but because hrmc liaised with my pension provider over the amount of benefits I receive for tax purposes I thought everything was ok What do you think will happen?

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4 years 2 months ago #244338 by Gary
Replied by Gary on topic Compliance interview by telephone
Hi Foxred13

CB ESA is not means tested, if you received an occupational or personal pension that pays more than £85 a week then your contributory ESA payment is reduced by half of the amount over this limit. For example, if you receive £105 a week before tax from a personal pension , your ESA is reduced by £10, ie half of the excess figure of £20. If you receive more than one pension then they are added together for the calculation.

For ESA(CB) there may be a deduction from your ESA, see paragraph 51828 and following and specifically 51833 of
assets.publishing.service.gov.uk/governm...e/843595/dmgch51.pdf

I do not know what the outcome would be, it would depend on how much the overpayment is, if any. They could interview you under caution in which case they are looking at fraud and you may get a penalty charge.

Gary

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