help needed please unintentional fraud

xsmilesalot1969x

hi all i really need some advice please i think ive been very dumb. i started work about a year ago (contracted 24 hours a week but often do overtime) after being home for many years. i get dla for my autistic son and carers allowance too. i informed tax credits when i started working and stopped claiming housing benefit but it just didnt occur to me i wasnt entitled to carers allowance as i was still caring for my son over 35 hours a week. now today ive received a letter saying im being investigated for benefit fraud and told to fill in a form and provide pay slips and im worrying myself silly. theyre going to contact my employer which in a small company is soooooo bad and im worried what will happen to me. help please

raven83

i think your aloud to earn £100 pw and still get cares allowence AFAIK.

cosmic-dust

xsmilesalot1969x wrote: »

hi all i really need some advice please i think ive been very dumb. i started work about a year ago (contracted 24 hours a week but often do overtime) after being home for many years. i get dla for my autistic son and carers allowance too. i informed tax credits when i started working and stopped claiming housing benefit but it just didnt occur to me i wasnt entitled to carers allowance as i was still caring for my son over 35 hours a week. now today ive received a letter saying im being investigated for benefit fraud and told to fill in a form and provide pay slips and im worrying myself silly. theyre going to contact my employer which in a small company is soooooo bad and im worried what will happen to me. help please

You will have to repay all the carers allowance that you weren't entitled to.

cosmic-dust

raven83 wrote: »

i think your aloud to earn £100 pw and still get cares allowence AFAIK.

It was £95 per week last year, it went up to £100 this April IIRC. Working 24 hours plus overtime would take the OP over the limit I suspect.

raven83

cosmic-dust wrote: »

It was £95 per week last year, it went up to £100 this April IIRC. Working 24 hours plus overtime would take the OP over the limit I suspect.

Yeah i know, was just pointing it out. The OP will have to repay the carers allowence that she wasnt entitled to.

OP explain what happened you made a genuine mistake and agree to repay them back at something you can afford over a period of time, they are usually quite good at coming up with payment arrangments.

rogerblack

It's not quite 100 pounds, either.
http://www.dwp.gov.uk/docs/dmgch15.pdf

It's 100 pounds less income tax, less 50% of your private pension, less some NI contributions, less expenses 'wholely, necessarily, and exclusively' for work.

So, if the OP was as I understand it properly understood the benefit system, and acted to maximise her income.
If she was working 36 hours a week at the minimum wage, that's 213/week, or 11.1K/year.
Of this she pays tax on 4625, 925 pounds in total.
Taking it down to 10175.
354 in national insurance conts - down to 9821.
Still at 188.8/week.
If no expenses can be found, she can legally do this, if she contributes 178/week to her personal pension.
If 20 quid a week of expenses could be found, then this drops to 138.

(thought exercise only)

xsmilesalot1969x

hi guys thanks for the advice ive been worrying so much about this because when i asked around i was told id go to prison and/or get a criminal conviction. it was in no way done to maximise my income i thought i informed everyone i needed to when i started working that i WAS working but it just never occurred to me i wasnt entitled to carers as i was still caring for my son way over 35 hours a week. very silly of me not to check but the truth was it just never entered my head i didnt know i wouldnt be entitled still. like i said very dumb of me not to check the rules.
of course i have to pay it back i wouldnt expect not to nor would i want to but do i wait for them to investigate me or do i ring up and offer to repay?

seven-day-weekend

Personally I would contact them and explain what has happened like you have here and offer to repay in instalments IF there is an overpayment.

raven83

xsmilesalot1969x wrote: »

hi guys thanks for the advice ive been worrying so much about this because when i asked around i was told id go to prison and/or get a criminal conviction. it was in no way done to maximise my income i thought i informed everyone i needed to when i started working that i WAS working but it just never occurred to me i wasnt entitled to carers as i was still caring for my son way over 35 hours a week. very silly of me not to check but the truth was it just never entered my head i didnt know i wouldnt be entitled still. like i said very dumb of me not to check the rules.
of course i have to pay it back i wouldnt expect not to nor would i want to but do i wait for them to investigate me or do i ring up and offer to repay?

I'd give them a ring and explain as you exlained on here and offer to sort out a paymeant arrangment. As for going to prision i wouldnt worry about that as that wont happen. How long have you been working for?

xsmilesalot1969x

ive been working for a year Raven. pretty much exactly a year infact. like i said i guess its my own fault i told housing benefit i was working and council tax and child tax and even child benefit but it never occured to me my carers was means tested i just assumed as i was still caring the required amount of time that was it and never thought to check. ive gotten carers allowance for years now and have gotten so used to it being there i never read the rules, to my shame im one of the scan letters and throw them away

xsmilesalot1969x

quick update...i rang them to explain and lets just say the lady wasnt exactly sympathetic. she refused to set up a repayment with me and just said she would send me a form to fill in and i was to send my pay slips and it would be up to the team to decide what happens next