Benefit fraud?

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  • She did not spend the money knowing she was going to claim benefit.

    Before diagnosis she was attending college, had 5 year plan. Hoped to be able to get back on track. Illness took over her life and stopped her in her tracks, she still hopes to be able to wotk and get off benefits. We are not dishonest people. At no time did we try and dupe the dwp. I made a mistake. Call me ignorant. But you can't label us dishonest.
  • bspm
    bspm Posts: 541 Forumite
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    LindaR1965 wrote: »
    She did not spend the money knowing she was going to claim benefit.

    Before diagnosis she was attending college, had 5 year plan. Hoped to be able to get back on track. Illness took over her life and stopped her in her tracks, she still hopes to be able to wotk and get off benefits. We are not dishonest people. At no time did we try and dupe the dwp. I made a mistake. Call me ignorant. But you can't label us dishonest.

    I would certainly not call you dishonest, you do not appear to come across as such, even after telephoning the DWP and mentioning the £40,000 in bonds and being told, you say, that it did not count, I think I would have questioned this.

    After all how can anyone imagine that they have £40,000 in the bank yet claim income related benefits, whether you claim them or have no knowledge of benefits it is a bit foolish to imagine one could have that much money and claim welfare, my opinion only.
  • I assume by what people are saying here that the money being in trust and her having no access to it is why I was told it did not count. I just did not consider it a change of circumstances when I did transfer the money to her name. It didn't even cross my mind to let them know.
  • anmarj
    anmarj Posts: 1,819 Forumite
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    Unless you are your daughter's appointee for benefit/poa, it would have been your daughters responsibility to tell them
  • nannytone_2
    nannytone_2 Posts: 12,949 Forumite
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    as above.

    the fact that you say YOU had no knowledge of what you did was wrong is irrelevant because you are not the claimant.

    your daughter signed the form to say that her circumstances were as she stated and that she would inform them of any changes.

    you may feel it is your fault, but it is definitely your daughters problem
  • I filled out forms as she had numbness in hands and couldn't hold a pen. Her fine motor skills were not good. She also suffers confusion and brain fog which gets worse when under stress. Filling out these forms was very stressful.
  • anmarj
    anmarj Posts: 1,819 Forumite
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    She singed the forms though, and a letter comes every year telling her about her entitlement and also advising her what information that has to be declared. In benefit world ignorance of the system is rarely accepted as an excuse. Personally think that your solicitor is going to end up causing more trouble because of their ignorance.
  • TELLIT01
    TELLIT01 Posts: 16,472 Forumite
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    Some of the responses would get me panicking, and I worked for DWP! From what has been written herer there was no intent to conceal anything so for DWP to prove fraud would be extremely difficult. There has been a failure to inform which, although potentially quite serious in its own right, is totally different to fraud.
    My advice would be to write down the timeline of conversations with DWP, and the movement of money to the daughter's account, as accurately as possible and give that to the person at DWP at the interview.
    Although, as has been said, the person 'at fault' is the daughter it would seem that the mother is in a far better position to explain the background etc.
    Any overpayment will obviously have to be repaid and there may well be a fine (for want of a better word) on top of that.
  • tomtom256
    tomtom256 Posts: 2,217 Forumite
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    If you declare it whilst it is with compliance then no criminal will be taken, however should it not be declared when asked about it and a further match etc comes up, then it will be dealt with criminally and this compliance interview will be used as evidence of a denial of having any savings.
  • I would happily pay a fine on top of money they find we owe as long as thats the end of it. I just don't want my daughter's future blighted by my mistake. Some posts have made me think it's going to be ok then others have me panicking again. Going to sit down with pad and pen and bank statements and get all dates correct as guessing when i did things isn't going to cut it with the dwp.
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