Fiance still claiming ESA while I've been working

rogerblack

Oldpenny wrote: »

Ignorance is no defence in these circumstances, even if state an error if the overpayment is over 2000,00 they will still have to consider prosecution and if both names are on form, that would mean both partners.

Ignorance is a complete defence against increased penalties due to knowledge.
If the overpayment is due to official error, it cannot be recovered in normal circumstances.

AnxiousMum

hsj2011 wrote: »

Thanks for all the replies.


@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).


.

Ahhhh, maybe, just maybe....the point Bobajob is getting at is that if your fiance is capable of working with you in a home based business, but is claiming ESA.....then should she be on ESA or, is she more than capable of working? The fact that she doesn't take a wage is neither here nor there.....if she's working, she's working....and if she's capable of working for you, for nothing, then is she not capable of working for someone else for a wage?

skintandscared_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?

Just one point - you wouldn't actually be phoning to recognise the error before they contacted you or started investigating, because they already HAVE started investigating and it was their letter to your employer that prompted you to "fess up", not your conscience! Whether a letter was addressed to you or someone else, you didn't act until you were aware of DWP's intended action.

hsj2011

The reason my fianc! is on ESA is because she has Asperges and is unable to complete an interview to a good enough standard to be able to get a job. She made ESA fully aware that she would be willing to take a job if she could get help with an interview but they offered no help.

The letter to work didn't make me fess up. It bought to my attention that there was something not right, which made me look online and realise what an error we ha made.

Anyway, thanks for all the helpful advice however I seem to be getting more flaming than anything.

dark_lady

Why do they want your details as far back as 2001?
ESA has only been going since October 2008.

hsj2011

My thoughts exactly. I was only 16 in 2001

AnxiousMum

How long has your fiance been on benefits? and at what point during the claim did you move in together?

rogerblack

suelees1 wrote: »

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.

This is vitally important - though perhaps less so in this case.
Judges and solicitors often have poor understanding of social security law.

People have gone to prison because the DWP does not correctly calculate overpayments - and say 'X was overpaid 20k' - and the solicitor doesn't properly understand benefits entitlement to realise that they were really entitled to 15K, so the judge sentences on the basis that 20K was stolen.
Or that because the DWP misread the form initially, that the entire payment is due to official error, and not recoverable.

http://www.rightsnet.org.uk/forums/viewthread/241/ is interesting, for example, specifically post http://www.rightsnet.org.uk/forums/viewreply/7030/ - which details a case where there was no overpayment, yet someone did jailtime.