Benefit Overpayment please help ..please do not judge me

Indie_Kid

KeaneFan10 wrote: »

Yes i have sorted out with this a few months ago thanks ... Thomas is 12 and he has severe autism he is also non verbal and still in nappies if i go to court it means my new partner losing a days pay because there will be no one there to get him off his bus and him losing a day means we will struggle to pay debt management their money
I have to add i have never had help with Thomas for years he hasn't slept a full night i am trying to stay strong and cope with this from the DWP and i know what i did was wrong and very stupid just feel as if i am coping alone i have contacted social services because of the stress of all this never thought i would ever have too

Can your / your partner's parents help out?

KeaneFan10

Hi sh1305 My Mum has been there for us for years she helps so much his Mum doesn't seem to care about us and shes made that clear (not her grandchildren) i think its down to this

sunnyone

How much is the overpayment?

Is it the debt managment team that has threatend you with court and told you lies about fines?

If it was, was it over the phone or in writing?

Calm down and go easy on yourself, it wont help Thomas if you lose the plot {{{hugs}}}

dippy3103

Hi,

Are you being prosecuted for an offence of failing to report a change in circumstances? This is a seperate matter to repaying the debt? Have you had a summons? You can still be prosecuted for the alleged criminal offence even if you have repaid in full. If you have had a summons, i suggest you take legal advice now. Don't wait till you get to court and rely on duty solicitors- to help you properly they need time to look at the papers well before court.
Very few people actually go to prison for benefit fraud, and if you are prosecuted the courts decide on fines etc, not the council/DWP. Perhaps the £100 or £250 is how much they will be asking for as costs.
I have never known anyones kids be taken away because they were prosecuted.
You have done wrong, butyou are facing up to it. That will go very much in your favour.

welshmoneylover

KeaneFan10 wrote: »

It was income support i foolishly never declared that my partner had moved in permanent i know its my fault i want to pay back what i owe and move on but i can't they agreed this payment i accepted now they are taking me to court ...
My partner earns £250 a week
i get carers allowance child tax credits

So you wanted to keep your income support and all the other benefits that came with it whilst enjoying a full time wage of £250?

A lot of working people are struggling themselves right now, and get chunks of tax taken out of their pay packets to fund people who are also struggling on benefits themselves.

Bizarre, talk about having your cake and eating it :cool:

Indie_Kid

welshmoneylover wrote: »

So you wanted to keep your income support and all the other benefits that came with it whilst enjoying a full time wage of £250?

A lot of working people are struggling themselves right now, and get chunks of tax taken out of their pay packets to fund people who are also struggling on benefits themselves.

Bizarre, talk about having your cake and eating it :cool:

Please don't be so rude and judgemental.

terryw

Cmon folks, lets remember the MSE rules.

The OP has done wrong and she is quite contrite and genuinely wants help not argument.

OP - please read the posts above. Particularly the one from the (misnamed) Dippy thus -
"Very few people actually go to prison for benefit fraud, and if you are prosecuted the courts decide on fines etc, not the council/DWP. Perhaps the £100 or £250 is how much they will be asking for as costs.
I have never known anyones kids be taken away because they were prosecuted.
You have done wrong, butyou are facing up to it. That will go very much in your favour."

atrixblue.-MFR-.

welshmoneylover wrote: »

So you wanted to keep your income support and all the other benefits that came with it whilst enjoying a full time wage of £250?

A lot of working people are struggling themselves right now, and get chunks of tax taken out of their pay packets to fund people who are also struggling on benefits themselves.

Bizarre, talk about having your cake and eating it :cool:

working and non working families are taxed EVEN THOSE ON BENEFITS!!!! you can be taxed whilst on benefits (see taxable benefits).

i would call DWP and ask what is this letter is a summons to court over not declairing you partner living with you or is it seeking the rest of the payment!

i take it as you didnt inform income support about your partner you also may have failed to declair to housing and council tax benefits?! if you did declair, good. there are two level of disability element of child tax credits 2nd level is disability element 1st and highest level is severe disasblity element check with hmrc that your are getting the correct level in accordance to the dla award!

AsknAnswer2

Sounds like a fraud prosecution. An overpayment and prosecution are dealt with seperately.

sanction policy

Fraud sentencing guidelines

The links I have given should answer your questions however sentencing can vary depending upon which court the case is to be heard in. The sentencing guidelines I've linked to are therefore the maximum penalty's. In a magistrate's court, they have less sentencing options at their disposal compared to a crown court.

As an example, low level frauds (Benefit related) under £5000, it can be a fine, community order or worst case scenario would be 6 weeks in custody but this is highly unlikely since the claim was not fraudulent from the outset. Bear in mind this is an example based on the overpayment being £5000 or less. Look up the sentencing guidelines for a more definitive answer.

KeaneFan10

welshmoneylover wrote: »

So you wanted to keep your income support and all the other benefits that came with it whilst enjoying a full time wage of £250?

A lot of working people are struggling themselves right now, and get chunks of tax taken out of their pay packets to fund people who are also struggling on benefits themselves.

Bizarre, talk about having your cake and eating it :cool:

Just proves I WAS NOT claiming tax credits or carers allowance this is a very resent thing i was on income support only during this time, since NOT being on IS i claim child tax and carers allowance, like most lone parents i got myself in a lot of debt raising two kids one of which is disabled and the constant costs of replacing things and no help or respite care ..i should have looked for help sooner but its too late for that