Fiance still claiming ESA while I've been working

hsj2011

I can't believe I'm typing this but my fiance and I live together and my fiance has been claiming ESA since before we moved in together. However, after we moved in together she should've cancelled the ESA but didn't. Now DWP have written to my employer asking for my wage details since 2001.

I'm worried that we're going to get accused of benefit fraud so I'm wanting to know if we'd be any better off contacting DWP and owning up to making a mistake.

headoutthesand

if she is claiming, has signed the documents etc and your name isn't on anything, chances are it will only be her who will be prosecuted. You may find though that you will be called as a witness for the prosecution to confirm dates etc of her moving in.

It's also worth remembering that even if she pays back what she received when she shouldn't, she will still be prosecuted for commiting a dishonest crime in the first place.

Sorry it's not good news for her but if you haven't been involved in signing forms or receiving money then you should be in the clear

hsj2011

Well as far as I can gather, from the letter my employer got, my name is on it. Will it not go in our favour if we phone them recognising the error before they contact us?

Oldernotwiser

hsj2011 wrote: »

I can't believe I'm typing this but my fiance and I live together and my fiance has been claiming ESA since before we moved in together. However, after we moved in together she should've cancelled the ESA but didn't. Now DWP have written to my employer asking for my wage details since 2001.

I'm worried that we're going to get accused of benefit fraud so I'm wanting to know if we'd be any better off contacting DWP and owning up to making a mistake.

Worried that you might be accused of committing benefit fraud or worried that you have actually been doing so?

AnxiousMum

Hang on a second...your name is on the ESA claim? Did you put your name on the claim or has your partner forged your signature and details as well? If they're already seeking the information they require, you contacting them might go in your favour, but if they've had to go to the effort to catch you - you will still need to repay, and there will very likely be prosecution if it has been going on since 2001.

If you have knowingly had your name on the claim, then you will be responsible as well. If however, the partner has forged your signature on anything, or included you without your knowledge, she may also be done for fraud for that as well.

nannytone_2

blimey. if your name is also on the claim then it's possibly a joint claim?

if thats the case i wouldnt want to be either you or your girlfriend!

NASA_2

hsj2011 wrote: »

Well as far as I can gather, from the letter my employer got, my name is on it. Will it not go in our favour if we phone them recognising the error before they contact us?

You might not get done for fraud that way but there will still be a huge overpayment.

bobajob_1966

headoutthesand wrote: »

if she is claiming, has signed the documents etc and your name isn't on anything, chances are it will only be her who will be prosecuted. You may find though that you will be called as a witness for the prosecution to confirm dates etc of her moving in.

It's also worth remembering that even if she pays back what she received when she shouldn't, she will still be prosecuted for commiting a dishonest crime in the first place.

Sorry it's not good news for her but if you haven't been involved in signing forms or receiving money then you should be in the clear

As we have no idea of the amounts involved, does it not seem rather premature to be talking of prosecution?

bobajob_1966

Seems there is more to this than the OP is letting on (surprise!) ...

hsj2011 wrote: »

My fiancee and I run a web design business from home and I also work for 2 companies (part-time) doing their web development. We are now considering moving to a small office (either above a shop or in a cheap business park) but wondering if this really is something we should consider.

On the one hand, it might look better to potential customers if we have a proper business location (and somewhere clients can come for consultations, etc). What do others think of this? Am I wrong?

On the other hand, we're not so overworked that we couldn't continue to work from home so are there any other advantages to having business premises along with associated costs such as business rates/phone lines/etc?

Thanks in advance.

hsj2011

Thanks for all the replies.

Obviously, we are more than happy to pay back any overpayment that may have arisen from this error, however, please do
not accuse us of knowingly committing benefit fraud as that is an accusation that should not be making lightly and it is not something either of us would do.

@bobajob, I don't really know what you're getting at but there's nothing wrong with involving my fiance in a home run business, especially as she doesn't take a wage from it (and neither do I for that matter).

I've actually spoken to ESA since posting this thread and have discussed with them where I think this eroor has occured. My fianc! was claiming ESA before we moved in together and when we moved in together we notified ESA and they added my details but we were not aware that it was income related (we thought she was on contributions based) and were not aware I had been added to the claim.

The lady I spoke to took all the details and said my fianc! may well still be entitled to ESA if she's paid enough NI contributions and is ringing us back tomorrow.

suelees1

No-one on here seems to heed the fact that no-one wants your opinions. People come on to ask for advice.

Prosecution is the ultimate sanction by the way. Thank god we don't have the guillotine and no longer have the gallows or there would be quite a few people on here who'd manage to knit a scarf long enough to circle the world.

It will be investigated and a decision made as to any overpayment. It might just have to be paid back or there might also be sanctions such as applying an Administrative Penalty (whereby you would agree to pay one third on top of any overpayment), a possible formal caution or ultimately issuing a summons.

If it does result in prosecution it is important someone experienced in social security law looks at it to see if there might be any other any other benefit which might have been due so any notional entitlement an be offset against the amount overpaid. This could result in less of a loss to the public purse.