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How to handle an interview under caution

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If the Department for Work and Pensions (DWP) or your local council suspect you may have misled them about something to do with your benefits you might be asked to go to an 'interview under caution'. This could lead to them suspending your benefits and taking you to court.

This guide looks at what happens if your council (which pays Housing Benefit and Council Tax Benefit) or the DWP (which pays most other benefits) invites you to an interview under caution. It may also be useful if another organisation such as the Inland Revenue (HMRC - which pays tax credits) wants to interview you under caution, but you will need to check that the information applies to you.

Do I need a lawyer?

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So, you’ve been asked to an interview under caution: what now?

  • Don't ignore it
  • Understand what the problem is
  • Get help and advice

It's really important to get an independent adviser or solicitor to help you with your case and represent you at the interview. An adviser can check whether you are entitled to the benefits or whether the case against you is weak. A solicitor can advise you about your rights in the interview which could become part of a criminal investigation. However, you might not be able to get all this help, either because you can’t find an adviser who can help you, or because you can’t afford a solicitor. So this guide aims to answer some of your questions, explain what help you can get and give you an idea of what you can do to help yourself.

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Jana Elles
February 2010

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