Didnt declare savings

Tonytone11

they have been retired for around 10 years so had no income except pension.

The money was never actually theres it was saved for a family member when they got to a certain age..

NYM

Tonytone11 wrote: »

they have been retired for around 10 years so had no income except pension.

The money was never actually theres it was saved for a family member when they got to a certain age..

If they had access to it...it's theirs.

xylophone

The money was never actually theres it was saved for a family member when they got to a certain age..

Do you mean that the money was willed to a child and the pensioners in question did not correctly hold this in an account in the name of the beneficiary with them as Trustees?

Or do you mean that they had saved this money and regarded it as earmarked for the benefit of a child?

Who has been receiving the benefit of the interest on this money?

If this money has been held in the names of the pensioners, there is no will or similar proof that the money did not belong to them, and they have had the benefit of the interest, then I imagine that they might be on a sticky wicket.

Pension Credit is a means tested benefit.

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS48_Pension_Credit_fcs.pdf?dtrk=true

rogerblack

xylophone wrote: »

If this money has been held in the names of the pensioners, there is no will or similar proof that the money did not belong to them, and they have had the benefit of the interest, then I imagine that they might be on a sticky wicket.

While there is no requirement in law to have money held for others in a seperate account, or ... - yes - it's a problem, and the default assumption will not be good.

As to possible reprecussions, these go all the way up to requiring the overpayment to be wholly repaid, civil penalty, and in addition criminal prosecution for benefit fraud, and subsequent proceedings for sequestration of assets, which can do things that would not usually be possible - such as selling your only house or car. (this is on top of, not instead of having to repay the overpayment)

p00hsticks

Tonytone11 wrote: »

not sure does it make a difference

HB is with the Local Authority, Pension Credit is DWP - they'd need to inform both parties as they don't necessarily talk to each other

Housing_Benefit_Officer

Data matching will pick this up. It might be next week, next month or next year - but it will be picked up

http://www.boston.gov.uk/index.aspx?articleid=7713

Declare it now before they end up with a criminal record.

billywilly

Tonytone11 wrote: »

Hello

hopefully somebody who knows the law here can help a little

what would happen if two pensioners who currently rent mistakenly forgot to decalre all of there savings eg said have 8k when actually 50k?

For the last few years they have been getting help with paying the rent etc from the goverment.

will they need to pay back £££ all in one go if caught?
If theyhave gifted there grand children X amount can goverment reclaim that gift?

They are very worried about a mistake they made on a form any help be apreciated.

Is there a Guaranteed Pension Credit award in place is the first question? If so, what is the age of the eldest of the couple? When was this Pension Credit awarded? At what age was the eldest at the time of the last award?

How did this money come into being? Why and when was it put in their names and by whom and for what reason?

Many answers need to be given before it can be said to be a recoverable overpayment.

10pence

Currently helped on a case for a client in my local CAB, not to dis-similar. They claimed to only have £8k in capital but amassed over £20k in the 7 years for claims for IS/HB and CTxB.
They have been to court for the IS, hit with criminal record for fraud, suspended sentence and have to repay back over £7k in IS. Plus the IS claim has been stopped.

The DWP will inform the council that the IS has stopped thus stopping HB/CTxB claims. This will trigger an investigation by the council, producing yet further criminal proceedings and overpayments.

My client thinks they're clever and states they've given the money away but refuses to states where. You can imagination the look on my client's face when informed of possible council investigation for HB/CTxB claims and notional/deprivation of capital rules and it could be deemed a breach of their suspended sentence as possible further fraud.


My advice, tell them to be honest about it know, report the true savings to all benefit agencies. The tide of public perception and acceptance over benefit fraud has truly turned.

billywilly

10pence wrote: »

Currently helped on a case for a client in my local CAB, not to dis-similar. They claimed to only have £8k in capital but amassed over £20k in the 7 years for claims for IS/HB and CTxB.
They have been to court for the IS, hit with criminal record for fraud, suspended sentence and have to repay back over £7k in IS. Plus the IS claim has been stopped.

The DWP will inform the council that the IS has stopped thus stopping HB/CTxB claims. This will trigger an investigation by the council, producing yet further criminal proceedings and overpayments.

My client thinks they're clever and states they've given the money away but refuses to states where. You can imagination the look on my client's face when informed of possible council investigation for HB/CTxB claims and notional/deprivation of capital rules and it could be deemed a breach of their suspended sentence as possible further fraud.


My advice, tell them to be honest about it know, report the true savings to all benefit agencies. The tide of public perception and acceptance over benefit fraud has truly turned.

Surely before they get ready to invite the SFO in (or whatever they call themselves today) should they not take advice as to whether they have in fact carried out any act of fraud?
None of us on here know enough to be able to pass judgement. I can think of many situations where what they have done will NOT be an act of fraud.
My advice to them is to seek independent advice BEFORE they turn themselves in.

NYM

billywilly wrote: »

Surely before they get ready to invite the SFO in (or whatever they call themselves today) should they not take advice as to whether they have in fact carried out any act of fraud?
None of us on here know enough to be able to pass judgement. I can think of many situations where what they have done will NOT be an act of fraud.
My advice to them is to seek independent advice BEFORE they turn themselves in.

I'm sure you read the opening post

what would happen if two pensioners who currently rent mistakenly forgot to decalre all of there savings eg said have 8k when actually 50k?

Posters have been asked their advice/opinion and that's exactly what has been given.

There is little point in pretending that their *forgotten* savings of £50,000 is an oversight, a mistake. Even if it were a genuine error in completing their forms and declaring only £8,000 of it, if they continue to claim means tested benefit now that they *remember* they have £50,000 they are committing fraud.

Whether you personally know of 'many situations' has nothing to do with the OP situation.

I agree with you that they should get advice from an independent source: I would suggest a Solicitor.