Bang to rights....I think

rocketman48_2

In June of 2003 I had a stroke caused by an AVM in my brain long story short I was in a coma @ 3 months and in hospital for nearly 2 years

After I was discharged there was no way I could return to work I was in a stupor half of the time but still managed to lead not a too bad life

After I came out I was being looked after by a so-called friend/relative I was in receipt of every benefit known to man IB, DLA Care and Mobility at highest rate plus Income Support, Council Tax Benefit and all the passported benefit.

Cut to two years ago in Sept 2009 I had life saving surgery to AVM which has helped unbelievably I now mentally recovered tho the physical side is taking a bit longer

When looking at my finances in Feb 2010 I discovered my relative had not been honest with DWP and that I should not have been claiming income support as I was getting an occupational pension of @ £23,000 per annum

I closed down my claim

Currently I get DLA (C) high and (M) high ESA(C) Support Group but I think the DWP are on to me regarding benefit I received between March 2005 and Feb 2010 which I should not have received due to receiving Occupation Pension and having a large lump sum 200k plus in the bank and under my bed (I kid you not)

I reckon I probably owe them £23000+ which is not a big problem

My fear of coming clean and repaying the money is that I may well be prosecuted for Fraud and sent to gaol

Does anyone know if the mitigating circumstances I have ie of not being fully aware of what I was signing

So come clean or keep schtum and see what transpires

The reason I believe they are on to me is The DWP when migrating me to ESA now know I am receiving an occupational Pension which is exempt from the £85 rule because I am on DLA Highest care have now asked me to provide info on when pension started and amount now received (Got letter yesterday)

It is not about the money it is the prosecution I fear most

sorry for long story any comments much appreciated

Rocky

oldhand

With your past medical problems I doubt very much if you would go to jail,however it would be in your best interests now to go to them with all you medical history,explain what happened and offer to repay whatever you owe.Being unable to fill your own forms in then is some defence but now as you say you are making a good recovery it would be far more difficult to offer a reason should they have to come to you.good luck.

ninacasino2003

Did the "relative or friend" have power of attorny over your affairs? If they didn't, did you sign the forms?

Have you spoke to the "relative or friend" and talked this over with them?

rocketman48_2

They had POA whilst I was in the coma (When I first received the Occupational Pension) they paid of my mortgage from the lump sum

This was revoked when I was discharge back home This person filled out my forms and showed me where to sign

I have not spoken a single word to them from the day I realized I was getting overpaid benefit also other issues about my financial affairs ie irregularities with money which I did NOT want to report to police

bigbill

I would wait and see?

If your now on ESA the pension income over £85 weekly will effect it even if you have high care this previous protection in your Incapacity claim has gone so it may just be this they are lookig into

rocketman48_2

Thanks BB TBH I am not even in the least worried about the ESA I am really worried about the previous fraud between 2005/2010 and what consequences that will have

I wish I could just cancel the claim for ESA and 'get out of Dodge' so-to-speak

If only I had made a clean breast of it when I first realised instead of just sweeping it under the carpet

to late for ifs and buts now though sadly

rocketman48_2

By the way BB I saw this in a previous post on ESA/Occupational Pension I believe transitional migration rules will apply

Contributory ESA customers and Incapacity Benefit customers who claimed after 2001 have
half the amount of any income from occupational pension over £85 per week deducted from
their contributory benefit. However Incapacity Benefit and Severe Disablement Allowance
customers who claimed benefit prior to 2001 or are entitled to higher rate care component of
DLA have any occupational pension fully disregarded. If, on migration to ESA, ESA rules are
applied to these customers, those with occupational pensions over £85 per week could see
a significant reduction in their benefit. Therefore to ensure that customers do not see a
reduction in their benefit on migration the occupational pensions disregard will be carried
forward into ESA for customers who currently have any occupational pension disregarded.
This will mean that there will be different rules for the treatment of occupational pension in
ESA until there are no customers with an occupational pension disregard remaining on ESA.
This will protect the level of benefit for up to 30,000 people

Do you know different? Just wondering

rogerblack

rocketman48 wrote: »

Thanks BB TBH I am not even in the least worried about the ESA I am really worried about the previous fraud between 2005/2010 and what consequences that will have

It's not fraud, in the circumstances you outline.
it's only fraud if there is an intent.

You may be liable for the overpayment, due to not properly checking the details - but this is not the same as fraud.

Mupette

Tell them what you have said here..

they filled out the forms and told you where to sign, did they sign to say they filled out the forms on your behalf?

rocketman48_2

Thanks Rogerblack I can get doctors certificates to state that my mental powers were impeded There WAS no intent on my part

I am more than willing to repay I am really sorry I know I should have done something last year in Feb when I cancelled the Income Support and CTB

I have been checking Bank Statements all day yesterday and today

rocketman48_2

Mupette wrote: »

Tell them what you have said here..

they filled out the forms and told you where to sign, did they sign to say they filled out the forms on your behalf?

Sadly no but I trusted that they were filled in correctly but I did sign the forms
It is all quite hazy actually I had loads of concerns about my health