ESA fraud ?

dippy3103

w06 wrote: »

and on the other hand disentitles (is that even a word?!) a lot of folk who do provide a lot of care whilst also working or studying (my carer has only been entitled to it for the past 6/12 but has provided well over 35 hours for several years)

I do. My son is autistic & I care for him far more than the average child of his age. I work full time so don't claim CA.

Swadez

Yes it is a standard form sent out to employers.

How they found out? I'm thinking because I do pay tax and NI for her.

The work that I employ her to provide for me is non care work mostly. Housework and so on.

She does receive Carers allowance.

Forgot to mention that not only is she in a relationship with someone but has married also. Albeit he isn't in the country.

I rung ESA today and they confirmed to me that they have it on file that we were no longer a couple and that I wanted her removed from my claim. From my January call. Refused to remove her with same excuse as before that she was living in same household. I said I've been getting money for her that I might not be able to repay and want something done asap.

The lady then put me on hold and called through to two different places and after 1 hour came back and told me that they will remove partners money from Esa and send me a form to fill in.

So if they do investigate as fraud then they can't do me for not reporting change of circumstance as they have a note on file from January and I also made repeated attempts since. Can they?

The form that the investigator sent me fill as an employer, I have filled it up and also put in a detailed letter explaining the whole situation. I might also put in bank statements showing the transaction from my Dla. It will probably save them requesting the statements direct from the bank.

If they do say that there has been an overpayment, which will probably be just under £2000 by my calculations, then I can argue that I paid through my Dla so I should not be liable for that.

The bottom line is that I did inform them of the change of circumstance and they should have looked into it there and then back then or after my repeated attempts but they did not.

w06

but equally you were overpaid and you knew you were being overpaid, and so I'm pretty sure you will be expected to repay the difference between the couples rate and single rate.

Swadez

Yes, I knew I was being overpaid. And I'm willing to repay that but they can't say that I didn't inform them.

Torry_Quine

If you knew you were being overpaid why did you spend the money? You should have kept it aside available to repay when asked.

Swadez

When did I say I spent it?

Torry_Quine

Swadez wrote: »

When did I say I spent it?

You said I've been getting money for her which I may not be able to repay in post 23

Swadez

Is this a place for slanging or helping through advice?

dippy3103

If it's about a £2k overpayment you probably will not be interviewed or face further action. You may get a civil penalty of £50.,

Did you tell ESA she was working?

tomtom256

On the face of it from a fraud perspective, it's the ex that could be in trouble not him.

OP does not appear to be under investigation. The wage enquiry is about the ex, the investigation is most likely about her as well, the DWP cannot get a person to incriminate themselves.