benefits & winning money

124678

Comments

  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    I don't think anyone on this forum can state that the OP's mother will not go to prison. Although highly unlikely, if prosecuted and found guilty, it is an option available to the judge/magistrate.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    Also, she only won the money in December and we're not even half way through July yet so the time frame is approximately six and a half months!
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    tomtom256 wrote: »
    Yes but they don't include the benefit they received as income for the period as that will have to be paid back.

    They will just take the £19k minus the overpaid benefits and then decide if it was feasible to be spend whatever is left in x amount of time, based on rent, normal bills, holiday etc.

    Its all in the Decision Makers Guide somewhere if you want to read it.

    ??

    You were saying it's normal to spend that in a year. I was saying it wasn't 'just' 19k and therefore IMO not normal spending. I never said they'd include it in calculations..
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    jadc007 wrote: »
    she does not have any of the money left due to a passing in the family (paying for funerals) and helping out family.
    Also, she only won the money in December and we're not even half way through July yet so the time frame is approximately six and a half months!

    It doesn't sound as if she spend it all on herself.
  • jadc007 wrote: »
    Now the social have investigated her because obviously she had a huge amount of money go in including her benefit from march 2016 - march 2017.

    How would the DWP have known how much was in her bank account?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Ostrava wrote: »
    How would the DWP have known how much was in her bank account?

    Not this again.

    If the DWP suspect fraud they can look at your bank account. There was fraud going on.

    This could be from reports from the public. A review of bank statements from the DWP or council for her benefit awards. Maybe the place she won it from reports such windfalls to HMRC for some tax reason. It could have been a random compliance check.

    The op says her mum didn't know she had to declare as she 'won' it, so she won't have been hiding it! It'll have been easy to see.
  • What do you mean, not this again? Sorry if I asked a frequent question, I don't spend much time here. Do the DWP occasionally request bank statements as a matter of course or does there have to be some suspicion? Just never heard about it before, that's all.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    There was a recent thread with 'buy why, but how, but when' and the answer was never accepted.

    Yes the DWP can do checks, these can be random, or sometimes they are tipped off in various ways. At my council we have someone employed to just do compliance reviews and to work with the DWP on reports from them. At the end of the day after the initial claim everything is based on trust and honesty, and some people are not, therefore there are many different ways that the DWP can find out about undeclared capital.

    HMRC, DWP and councils (and probably other things too) all have reciprocal agreements to share information. If one finds out, they all find out.

    If they couldn't, everyone would just hide it.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    Mojisola wrote: »
    It doesn't sound as if she spend it all on herself.

    That's irrelevant.
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
    First Anniversary Combo Breaker First Post I've been Money Tipped!
    Mojisola wrote: »
    How could anyone prove that the OP knew she was supposed to report the increase in capital?

    That's why it's rarely charged, but the offence is there and people can and are prosecuted for it.
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