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Compliance interview advice needed.
whatanumpty
Posts: 7 Forumite
Hi, I have just received a compliance interview and am concerned about undeclared savings from benefits.
Im a single bloke, parent to a teenager and full time carer to my adult son.
We are in receipt for over ten years of the following. ESA and high rate DLA (adult son, Im his appointee as he lacks mental capacity), Income support and carers allowance (me) and child tax credit and child benefit for my teenage son. We also claim housing and council tax benefit.
All benefits are paid to me in my name, approved by dwp, local authority etc as my son lacks capacity and for this reason would never be capable of making financial or otherwise decisions, he has a mental capacity of approx 9 yrs and is 28.
Now, we have no debts and the legitimate benefits we claim are significantly more than we need to live on. We also live frugally and dont spend money for the sake of it so i have been able over ten years to save what now stands at 5k in a savings account but at one stage was closer to 10k until we decided to spend some last year on treats for my kids.
Several years ago, I tried to open bank accounts in my sons name but none of the banks were having it, as I didnt have lasting power of attorney. I couldnt get lasting power of attorney anyway as I was told that in order for the LPA to be granted my son would have to be able to mentally understand the process so that idea went out of the window. I was advised that as he had no assets or property, had lived with me since a child and his only income was benefits all i needed was to be his DWP appointee (which I already was since he turned 16) and that it was acceptable to continue to receive his money into my account and spend in his best interests.
I was also advised that as he was now non dependant it was acceptable to have 6k each in savings before it affected either his or my benefits. So, I continued to save, reaching 8.5k in a savings account in my name and a few k in my current account at any one time.
I took the view that unless our combined savings in this one account exceeded 12k I had nothing to worry about as it was all savings from benefits anyway and I have no other income.
My mistake was that I didnt declare it as I thought it was acceptable. naive for sure but not a deliberate attempt to defraud.
If my intentions were to defraud I would have just hid the cash in a sock at home instead of drawing it out of the post office weekly and paying what we didnt spend into the bank.
The savings account now runs at 5k and no more than 1 or 2k in the current account at any time anyway.
I am extremely worried about all this as im not a dishonest person in any way and the paper trail will clearly show withdrawals from post office coincide with payments into bank account and then transfers to savings account over several years.
It's amazing how they can make you feel worthless and ashamed for doing the right thing and not going out and spending like crazy buying the latest and greatest iphone or trainers to blow money.
My intention always was to have a lump sum in the bank for my son so that when my youngest hits 16, my disabled son will reach 30 and will go into supported living and i wanted to be able to provide all the furniture and fittings etc that he needed to ensure he settles in to his new life and I can then go back to work as it kills me being unable to after 21 years in a well paid job and then suddenly having to give up work 13yrs ago to become their full time carer after they were taken from their mother when we divorced for neglect and abuse.
Now Im at my wits end for doing what I considered to be the right thing for his future.
If they will accept that it is all savings from benefits that belongs to both of us but is all in my name as he lacks capacity or not remains to be seen.
I have never felt so guilty or ashamed by the propoganda against disability that this government have cultivated, I even question whether I am infact a scrounger regularly.
Don't know which way to turn really and just feel like throwing the towel in and putting him into residential care immediately so I dont have to deal with this grief any longer.
Im a single bloke, parent to a teenager and full time carer to my adult son.
We are in receipt for over ten years of the following. ESA and high rate DLA (adult son, Im his appointee as he lacks mental capacity), Income support and carers allowance (me) and child tax credit and child benefit for my teenage son. We also claim housing and council tax benefit.
All benefits are paid to me in my name, approved by dwp, local authority etc as my son lacks capacity and for this reason would never be capable of making financial or otherwise decisions, he has a mental capacity of approx 9 yrs and is 28.
Now, we have no debts and the legitimate benefits we claim are significantly more than we need to live on. We also live frugally and dont spend money for the sake of it so i have been able over ten years to save what now stands at 5k in a savings account but at one stage was closer to 10k until we decided to spend some last year on treats for my kids.
Several years ago, I tried to open bank accounts in my sons name but none of the banks were having it, as I didnt have lasting power of attorney. I couldnt get lasting power of attorney anyway as I was told that in order for the LPA to be granted my son would have to be able to mentally understand the process so that idea went out of the window. I was advised that as he had no assets or property, had lived with me since a child and his only income was benefits all i needed was to be his DWP appointee (which I already was since he turned 16) and that it was acceptable to continue to receive his money into my account and spend in his best interests.
I was also advised that as he was now non dependant it was acceptable to have 6k each in savings before it affected either his or my benefits. So, I continued to save, reaching 8.5k in a savings account in my name and a few k in my current account at any one time.
I took the view that unless our combined savings in this one account exceeded 12k I had nothing to worry about as it was all savings from benefits anyway and I have no other income.
My mistake was that I didnt declare it as I thought it was acceptable. naive for sure but not a deliberate attempt to defraud.
If my intentions were to defraud I would have just hid the cash in a sock at home instead of drawing it out of the post office weekly and paying what we didnt spend into the bank.
The savings account now runs at 5k and no more than 1 or 2k in the current account at any time anyway.
I am extremely worried about all this as im not a dishonest person in any way and the paper trail will clearly show withdrawals from post office coincide with payments into bank account and then transfers to savings account over several years.
It's amazing how they can make you feel worthless and ashamed for doing the right thing and not going out and spending like crazy buying the latest and greatest iphone or trainers to blow money.
My intention always was to have a lump sum in the bank for my son so that when my youngest hits 16, my disabled son will reach 30 and will go into supported living and i wanted to be able to provide all the furniture and fittings etc that he needed to ensure he settles in to his new life and I can then go back to work as it kills me being unable to after 21 years in a well paid job and then suddenly having to give up work 13yrs ago to become their full time carer after they were taken from their mother when we divorced for neglect and abuse.
Now Im at my wits end for doing what I considered to be the right thing for his future.
If they will accept that it is all savings from benefits that belongs to both of us but is all in my name as he lacks capacity or not remains to be seen.
I have never felt so guilty or ashamed by the propoganda against disability that this government have cultivated, I even question whether I am infact a scrounger regularly.
Don't know which way to turn really and just feel like throwing the towel in and putting him into residential care immediately so I dont have to deal with this grief any longer.
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Comments
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Just explain all that you've said here. I doubt you'll have any problems but someone will be along shortly I hope, to set your mind at ease.
I truly admire you x
*Edit*
Here is a link to Gov.uk regarding applying to the Court of Protection
Court of Protection0 -
Thanks so much for the kind reply. I'm a proud man and for many years lived like a hermit ensuring that my children were provided for and neglecting to provide for myself by accepting or seeking extra help and support from the local authority.
Things are much better now as i have accepted extra support and respite via direct payments and we are now enjoying some of the money that I had saved over the years.
Consequently, our total assets are below 6k now anyway.
This compliance letter came as a total shock as i have never been in trouble for anything in my life and always worked hard for everything I achieved.
I dont even know if they are aware of the savings account as all they have asked me for so far is to attend a meeting with financial statements and ID.
What i dont want to do is not declare it though as that would look suspicious.
The bottom line is, for the past 5 years or so, we have received benefits that surpass our immediate needs by around £100 pw and my morals wouldnt allow me to just squander it for spendings sake. I consider them spoiled enough by me as is, they already want for nothing in my attempt to over compensate because of the guilt I feel for my marriage failing and them losing contact with their mother.
I also fear what would happen to him and would he continue to receive the lifestyle and care he is accustomed to if anything suddenly happened to me, so i just saved like crazy incase that rainy day happened. His maternal grandparents, my mother and my daughter were all aware of this savings account and what I wanted to happen if I suddenly was no longer able to provide for him.
Never in a million years did I anticipate that I would find myself in trouble for it one day.0 -
I wouldn't take it personally, DWP randomly select claimants to go for these types of interviews, Normally it's a benefit review before compliance.
Options are, Civil fine which is £50 and pay an overpayment back which comes out of your ESA. Or they close your claim and ban you for like 6 year, Or they prosecute you. Or they give you a warning.
I know this because I've went to compliance interviews before and I got a civil fine and a warning.0 -
Just explain all that you've said here. I doubt you'll have any problems but someone will be along shortly I hope, to set your mind at ease.
I truly admire you x
*Edit*
Here is a link to Gov.uk regarding applying to the Court of Protection
Court of Protection
I agree totally with NYM's comment. I would go so far as to suggest taking a copy of what you have posted here. You are going to be under stress during the interview even having done nothing wrong. A copy of this will help ensure you get across everything you need to.0 -
It could be something as simple as someone noticed the savings limit has been exceeded for claiming means tested benefits but they haven't looked at the circumstances in more detail.
The interview could be just what is needed to set the record straight.
Be honest, don't worry, don't stress. It will do you no good health wise and there is nothing that you can do now that will change the financial history.0 -
Had the compliance interview today. Allegation of me working and claiming.
Most horrible experience of my life I'd say. Started off being humble and honest and then when they indicated they didn't believe me I completely lost my !!!! with the 2 guys and almost ended up with police intervention until I calmed down.
I demanded that they access all my online bank accounts etc there and then, refused to leave until i had vindicated myself basically.
They didnt access any of my details, I insisted that they note on the investigation statement that I would like them to use RIPA to analyse my emails, phone, the whole lot.
I also said, why the f*** would i be working when I dont have any money worries or debt, infact im sick of the DWP throwing money at my family that we dont really need when what I really need is support.
At that stage the guy said after 20 years doing this job I have a fairly good idea when someone is pulling a fast one and judging by your reactions I believe you and will be reporting back as malicious and no further action.
I thanked him, shook his hand and left.
Whilst they wouldnt confirm who made the allegation, I know who it is without doubt, they say revenge is sweet......0 -
whatanumpty wrote: »Had the compliance interview today. Allegation of me working and claiming.
Most horrible experience of my life I'd say. Started off being humble and honest and then when they indicated they didn't believe me I completely lost my !!!! with the 2 guys and almost ended up with police intervention until I calmed down. - Well that's handy, given your username. Should've just said nothing outside of a pre-prepared statement. And You should've just walked out instead of getting aggressive.
I demanded that they access all my online bank accounts etc there and then, refused to leave until i had vindicated myself basically. - To two strangers? Who will now report back that you basically kicked off and should be further investigated. Cash in hand, tax dodge etc.
They didnt access any of my details, I insisted that they note on the investigation statement that I would like them to use RIPA to analyse my emails, phone, the whole lot. - You're something else...
I also said, why the f*** would i be working when I dont have any money worries or debt, infact im sick of the DWP throwing money at my family that we dont really need when what I really need is support. - DWP are not social services.
At that stage the guy said after 20 years doing this job I have a fairly good idea when someone is pulling a fast one and judging by your reactions I believe you and will be reporting back as malicious and no further action. - Yes ofcourse... That's basic training in diffusing situations...
I thanked him, shook his hand and left.
Whilst they wouldnt confirm who made the allegation, I know who it is without doubt, they say revenge is sweet......
Wow, cut off your nose to spite your face springs to mind....0 -
NO, it was malicious and I was defending myself. Unlike many, I have nothing to hide.0
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whatanumpty wrote: »NO, it was malicious and I was defending myself. Unlike many, I have nothing to hide.
Good because HMRC and DWP are going to be all over you like a rash.
This hot-headed attitude will get you in trouble for a long time.
The best way to deal with such interviews is to prepare a statement and then say nothing.0 -
whatanumpty wrote: »NO, it was malicious and I was defending myself. Unlike many, I have nothing to hide.
How you responded to the allegation was over the top but I do sympathise
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