IUC help!

SummerDaze29

Ok, this is going to be long, but I really need some help!

I was in receipt of ESA & HB for myself and partner, from 2007-2014. Due to Kidney failure, Dialysis and two kidney transplants. My DH started work in Jan 14, I told the tax office straight away, they swapped all my benefits over to the correct ones, no problems.

My Husband then quit his job, due to being offered a better job, this was in march. We didnt know his new start date so i switched al the benefits back over, all sorted.
He started his new job in may- The day he started I won a tribunal from 2012, giving me all my back dated money and reinstating my benefit.

Now, my husband was working, and I remained on ESA.
I 100% thought I was entitled regardless of my husband working, because I was receiving it for being ill.

In October 2014, someone mentioned that I should probably ring the tax office and tell them that my husband was working, That is what I did, and a few weeks later I was given back dated money from tax credits, but the ESA was still there too. I still thought I was entitled, because
1- the tax office sorted it before, so I assumed they would this time.
2- I was claiming due to illness.

In December I was offered a job, I accepted, I rang the DWP and told them and they stopped my benefits.
Two weeks later, I couldn't cope with the job, It was to tiring, I suffered a miscarriage and was just to 'done' my husband also handed in his resignation, because i needed help dealing with his daughter who lives with us. Tax credits stopped.

So i rang the benefts office and told them, the set up my claim again and I was in receipt of ESA again.

Lastly, come April, I was better, could look after myself ect my husband took his old job back, I rang the DWP all benefits got swapped to the correct ones. I am in receipt of
WTC, CTC, DLA & HB.

I got a letter from DWP this morning asking me to go in for IUC for claiming whilst my husband was working. Am I in serious trouble, I genuinely didn't know I was claiming the wrong benefit. I'm so confused by this all. And so unbelievably scared of going to prison.

My husband and I worked out that, if it is what we think it is, the over payment would be £7k....

I am a strong woman I can deal with being in the wrong & can face being fined, I'll pay it all back. I just really really do NOT want to go to prison.

Please help.:(

SummerDaze29

Anyone? I am really desperate I can't sleep, I am sick with worry.

rogerblack

In 2007, before you claimed, were you working?
That is - substantially employed earning a moderate amount of money in the years 2004-2007 or so.
Also - you can't have been claiming ESA in 2007, it was introduced in 2008.
Did you initially claim IB, IS, or SDA?

SummerDaze29

Sorry, It was IS. Yes I did work in safeways, until I became sick, my husband also worked as a self employed kitchen fitter. He resigned to look after me.

SummerDaze29

Guessing I am screwed, I mean 80 people and only 1 reply! Says it all really.

rogerblack

If you were claiming IS, then you did not have the contribution conditions to get IB, so the issue I was wondering of an underlying unassessed entitlemnt to ESA(contributory) unfortunately doesn't arise.

The timelines are somewhat confused.
From 2007-Jan 2014, your husband was not working?
From then on - for periods you were claiming ESA, and he was in work, you were not entitled to ESA.

In addition, assuming you also haven't told the council that he was in work, you may been getting too much housing benefit.

You were not claiming the wrong benefit.
You were not entitled to any benefit (ESA) for the period your husband was in work.

Unfortunately, you have a duty to inform ESA and the council that your husband was working, not just HMRC.

They may be lenient if you were actively misinformed by the tax credits people, and they definitively said you did not need to contact ESA.
Recordings of these calls may be available.

Similarly - if HMRC did in fact inform DWP that you were working, then it was official error for them not to stop payment to you, so the fault was not solely yours.

Similar with the council and any possibly HB overpayment.

SummerDaze29

Thank you for taking the time to reply,

I'll just see what they have to say on Monday & deal with it bit by bit.

It's going to long and torturous, but I have to deal with what I have done wrong. Intentionally or not.

SummerDaze29

I was in the ESA support group, I thought I was entitled, because I won a 2 year tribunal/appeal and was given back payment and all money was reinstated. I stupidly thought I was entitled regardless of my husbands employment status.

rogerblack

At this point, you have been overpaid ~7K.
Perhaps rather more if you were not entitled to HB.
It is certainly possible you will be criminally prosecuted, and any admission you make in error at the IUC may heavily weigh against you.
http://www.rightsnet.org.uk/forums/viewthread/2488/#10214
Is a very good overview of some of the issues that can arise in an IUC.
The problem is the only one that can be in an IUC with you is a solicitor.
And that solicitor is mostly useless unless they know welfare and benefit law well.

At the least, you should also go over the above you have posted, try to simplify it to the facts in a quick overview - who/when you spoke to someone, why you believed that you did not need to tell them, and supply this in a written form.
You need to have all the details down, so that you do not accidentally make admissions of things that are not true.

A 7K (possibly more) overpayment, if found to be fraudulent may lead to criminal prosecution, which can take unusual steps to recover the money - for example forcing sale of your only house or car.

It is vital to know what you told the DWP, and other bodies, when.
And what those other bodies told the DWP.
If, for example, HMRC told DWP after a month that he'd started working, and the DWP did not act on it, then the overpayment may in some cases not be recoverable.

Check your award notice after you won the appeal.
Does it say anything to lead you to believe that you would not need to report earnings?

dippy3103

Ok. You are not there yet, but say the worst case does happen & they prosecute. You won't go to prison for £7k-especially if it's a first offence.
You can take a friend along to the IUC for moral support in addition to a solicitor (or instead of).
You might find it helps you at interview if you write yourself a short chronology of who you rang when- just so you have something to refer to.

rogerblack

dippy3103 wrote: »

You can take a friend along to the IUC for moral support in addition to a solicitor (or instead of).

Quite - it's just only a solicitor can speak.