Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • jadc007
    • By jadc007 12th Jul 17, 11:58 AM
    • 5Posts
    • 0Thanks
    jadc007
    benefits & winning money
    • #1
    • 12th Jul 17, 11:58 AM
    benefits & winning money 12th Jul 17 at 11:58 AM
    Hi All,

    Just need some advice as it is stressing the hell out of me and ill try and make it simple as possible with the situation.

    This advice is for my mother who is on EESA? basically she earns X amount a fortnight and gets her rent paid monthly, she has suffered back pain and injury for many years now and is unable to work. december last year she luckily one on a game online £19,000 which when I heard made me so Happy as it was something I did not have to worry about as Im over 100 miles away because it was something i would help out with money when i could for food and etc.

    She did not declare the winnings to the social due to not knowing she had too and she put the money into my account for safe keeping and I fed her the money whenever she needed it because she admits she useless with money and I am good with that sort of thing. 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.

    She is on anti-depressants and after the phone interview 3 days ago she feels like shes having panic attacks.

    What is the worse that could happen and what is the best thing that can be done? will her benefits stop from now on? will she have to pay back any money ? she does not have any of the money left due to a passing in the family (paying for funerals) and helping out family.

    hope anyone can give some initial advice anyway would greatly appreciate it.

    Jack.
Page 1
    • marliepanda
    • By marliepanda 12th Jul 17, 12:19 PM
    • 4,560 Posts
    • 9,181 Thanks
    marliepanda
    • #2
    • 12th Jul 17, 12:19 PM
    • #2
    • 12th Jul 17, 12:19 PM
    If he ESA is income based (and it probably is if she works a little) then yes she will have to pay some back. It's a sliding scale after £6k and stops completely at 16k, so theee may be an extensive overpayment. This savings threshold also is used for housing benefit

    If she can't pay it back they will reduce her benefits to recover it. Paying for funerals (which I assume she didn't 'have' to) isn't an acceptable use, neither is helping our family. She needed to use that money to help herself. Perhaps those that she helped could return the money...
    Last edited by marliepanda; 12-07-2017 at 12:24 PM.
    Survey Earnings 2017 - £163
    • jadc007
    • By jadc007 12th Jul 17, 12:29 PM
    • 5 Posts
    • 0 Thanks
    jadc007
    • #3
    • 12th Jul 17, 12:29 PM
    • #3
    • 12th Jul 17, 12:29 PM
    I totally agree regarding funeral payments (her sister) and helping family here and there which is a done thing now and to get the money back off the family is a no go as her other sister has cancer also now.

    Sorry, i think I understand what you mean but she doesn't work at all and has no other income now apart from the ESA.

    £200 a fortnight and £420 a month her rent paid. and that is all the income shes gets. so in the case of not being able to pay it back they will reduce her fortnightly money or ? I know she should call citizens or even them themselves but at the moment she can't she wants to get her head screwed on first.

    thanks for replying
    • marliepanda
    • By marliepanda 12th Jul 17, 12:42 PM
    • 4,560 Posts
    • 9,181 Thanks
    marliepanda
    • #4
    • 12th Jul 17, 12:42 PM
    • #4
    • 12th Jul 17, 12:42 PM
    Sorry when you said she earns I assumed she has a job. I reread it and see you mean she gets her ESA every two weeks.

    If she cannot pay it back the overpayment back then they will take it from her benefits.
    Survey Earnings 2017 - £163
    • jadc007
    • By jadc007 12th Jul 17, 12:44 PM
    • 5 Posts
    • 0 Thanks
    jadc007
    • #5
    • 12th Jul 17, 12:44 PM
    • #5
    • 12th Jul 17, 12:44 PM
    hehe, that's OK.

    thanks for info so far, she starting to think the worse of going to prison, they stop her benefits altogether ... so can you guarantee it will be alright to tell her shes being silly and it's not as bad as she thinks? obviously she will get the full story when shes speaks to them again

    thanks again
    • marliepanda
    • By marliepanda 12th Jul 17, 12:48 PM
    • 4,560 Posts
    • 9,181 Thanks
    marliepanda
    • #6
    • 12th Jul 17, 12:48 PM
    • #6
    • 12th Jul 17, 12:48 PM
    No one here can guarantee anything. Technically she had fraudulently claimed benefits by not declaring her winnings. It states on all the forms you fill in that savings are looked at so she really should have realised.

    Her moving it to your account may also seem as if she was concealing it. Did you not realise she was claiming benefits with almost 20k?

    Anyway she needs to contact them to get the ball rolling on sorting this out. Being proactive will make her 'look better' as she is cooperating with the investigation.
    Survey Earnings 2017 - £163
    • calleyw
    • By calleyw 12th Jul 17, 12:54 PM
    • 8,624 Posts
    • 15,459 Thanks
    calleyw
    • #7
    • 12th Jul 17, 12:54 PM
    • #7
    • 12th Jul 17, 12:54 PM
    Also they may treat her as still having the money.

    As the DWP have a formula they use to see how long it should last. And spending £19K in 12 months is not allowed.

    You mum needs to be honest and truthful with them. And get on to the family members she helped. And explain she needs the money back asap.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
    • jadc007
    • By jadc007 12th Jul 17, 12:55 PM
    • 5 Posts
    • 0 Thanks
    jadc007
    • #8
    • 12th Jul 17, 12:55 PM
    • #8
    • 12th Jul 17, 12:55 PM
    to be honest I have never claimed benefits so wouldn't no the ins and outs of winning money and claiming so didn't think nothing of it and her putting it my account was something like i said she knows im good with maintaining rather then blowing it like she would of done lol. Yep I'll push her to get it sorted asap - I would of hoped she looked also but she did tell me she had no clue she had too but hey thanks again
    • PersianCatLady
    • By PersianCatLady 12th Jul 17, 2:01 PM
    • 318 Posts
    • 306 Thanks
    PersianCatLady
    • #9
    • 12th Jul 17, 2:01 PM
    • #9
    • 12th Jul 17, 2:01 PM
    Your mother committed benefit fraud, her best bet is to own up and accept her punishment.
    • PersianCatLady
    • By PersianCatLady 12th Jul 17, 2:04 PM
    • 318 Posts
    • 306 Thanks
    PersianCatLady
    She did not declare the winnings to the social due to not knowing she had too and she put the money into my account for safe keeping and I fed her the money whenever she needed itJack.
    Originally posted by jadc007
    If you gave her money whenever she needed it then it didn't matter which bank account the money was in.

    Are you honestly trying to claim that you didn't put the money there in order to try and hide it?
    • PersianCatLady
    • By PersianCatLady 12th Jul 17, 2:07 PM
    • 318 Posts
    • 306 Thanks
    PersianCatLady
    to be honest I have never claimed benefits so wouldn't no the ins and outs of winning money and claiming so didn't think nothing of it and her putting it my account was something like i said she knows im good with maintaining rather then blowing it like she would of done lol. Yep I'll push her to get it sorted asap - I would of hoped she looked also but she did tell me she had no clue she had too but hey thanks again
    Originally posted by jadc007
    I don't believe that she didn't know.

    Every time she filled in a form it would have told her that she needed to inform them if she came into money.

    Please don't think that actually ignorant is a good defence, it is better just to admit what she did.
    • Cheeky_Monkey
    • By Cheeky_Monkey 12th Jul 17, 2:56 PM
    • 1,200 Posts
    • 2,234 Thanks
    Cheeky_Monkey
    to be honest I have never claimed benefits so wouldn't no the ins and outs of winning money and claiming so didn't think nothing of it and her putting it my account was something like i said she knows im good with maintaining rather then blowing it like she would of done lol. Yep I'll push her to get it sorted asap - I would of hoped she looked also but she did tell me she had no clue she had too but hey thanks again
    Originally posted by jadc007
    Clearly not as you did allow her to 'blow' £19k in 7 months
    • Placitasgirl
    • By Placitasgirl 12th Jul 17, 3:02 PM
    • 195 Posts
    • 340 Thanks
    Placitasgirl
    thanks for info so far, she starting to think the worse of going to prison, they stop her benefits altogether ... so can you guarantee it will be alright to tell her shes being silly and it's not as bad as she thinks? obviously she will get the full story when shes speaks to them again

    I think that you need to help prepare your Mum for what may happen next; she has committed benefit fraud and she's not being silly being concerned about the outcome of the investigation and the consequences of it. It's likely that your Mum will be invited to attend an interview at the DWP; this may be called a "compliance" interview or an "interview under caution" if they believe an offence may have been committed. It's also possible that her benefits will reduce significantly in order to recover any monies she received but was not entitled to. Receiving such a large amount of money would be classed as a "significant change" for most of us, and in claiming benefits one has a duty to report any and all significant changes, whether it is believed they'll affect entitlement to benefits or not.

    You may also be asked about the money you held in your account for your Mum as it is possible this could be interpreted as trying to hide the money. If you live 100 miles away how did you plan to help your Mum manage this money? I think it's highly likely you'd be asked about this. You say that you have never claimed benefits, but whilst your Mum's money was in your accounts it is legally classed as your money, so presumably you would have declared this as yours during this period?

    You say that "the social have investigated her". How has she become aware of this? Has she received a letter or been asked to attend an appointment?

    I also agree that your Mum should respond to any request to contact the DWP as soon as possible so that the process of further investigation and outcome can be started.
    • Stop Watch
    • By Stop Watch 12th Jul 17, 3:21 PM
    • 60 Posts
    • 167 Thanks
    Stop Watch
    Why are so many people defending benefit fraud? That is what she has committed.
    • marliepanda
    • By marliepanda 12th Jul 17, 3:28 PM
    • 4,560 Posts
    • 9,181 Thanks
    marliepanda
    Why are so many people defending benefit fraud? That is what she has committed.
    Originally posted by Stop Watch
    Who are the 'so many people?'
    Survey Earnings 2017 - £163
    • Placitasgirl
    • By Placitasgirl 12th Jul 17, 3:38 PM
    • 195 Posts
    • 340 Thanks
    Placitasgirl
    It doesn't appear to me that anybody here has defended benefit fraud, let alone "so many people".
    • poppy12345
    • By poppy12345 12th Jul 17, 4:17 PM
    • 995 Posts
    • 865 Thanks
    poppy12345
    Why are so many people defending benefit fraud? That is what she has committed.
    Originally posted by Stop Watch
    Why do you always comment on posts regarding benefit? If there's any other posts you're never seen!! No one has defended anyone!
    • Cheeky_Monkey
    • By Cheeky_Monkey 12th Jul 17, 4:18 PM
    • 1,200 Posts
    • 2,234 Thanks
    Cheeky_Monkey
    I also think that the OP herself could well be accused of 'aiding and abetting' her mother to commit benefit fraud and thus complicit in the offence
    • Mojisola
    • By Mojisola 12th Jul 17, 4:41 PM
    • 27,810 Posts
    • 70,645 Thanks
    Mojisola
    I also think that the OP herself could well be accused of 'aiding and abetting' her mother to commit benefit fraud and thus complicit in the offence
    Originally posted by Cheeky_Monkey
    I don't think that is an 'offence'.

    It's only the person who claims the benefit who has broken the law if they haven't declared everything.
    • Housing Benefit Officer
    • By Housing Benefit Officer 12th Jul 17, 6:18 PM
    • 2,309 Posts
    • 4,131 Thanks
    Housing Benefit Officer
    hehe, that's OK.

    thanks for info so far, she starting to think the worse of going to prison, they stop her benefits altogether ... so can you guarantee it will be alright to tell her shes being silly and it's not as bad as she thinks? obviously she will get the full story when shes speaks to them again

    thanks again
    Originally posted by jadc007
    No. But 99% of benefit cheats avoid prison. She might have an overpayment, she might be slapped with an administrative penalty, she might be prosecuted, she could go to jail or she could end up with a criminal record.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,177Posts Today

4,790Users online

Martin's Twitter
  • Byebye! I'm about to stop work & twitter, to instead spend glorious time with Mrs & mini MSE. Wishing u a lovely summer. See u in 10 days.

  • WARNING Did you start Uni in or after 2012? The interest's rising to 6.1%; yet it doesnt work like you think. See https://t.co/IQ8f0Vyetu RT

  • RT @JanaBeee: @MartinSLewis Boris is the anomaly (coffee), the others are versions of normal (beer). Lots of same candidates = vote share d?

  • Follow Martin