Benefit fraud?

poppy12345

I advice your daughter to ring DWP first thing tomorrow and tell them EVERYTHING.

FBaby

Why would she want to spend on a brand new car if she was bed bound? And I can understand that she wouldn't have known about the Trust, but surely she did once the money was released, otherwise, what money did she think she was using to buy the car?

LindaR1965

I'm not sure lawyer is suggesting withholding information. Think he's just asking me not to make contact till he knows all facts himself. If that is his advice I would not do that as fully intend to pay back any money owed . I will also not conceal any money she has.

Think I might not be explaining everything clearly. She was diagnosed at 16, spent nearly 6 months bed bound while recovering from relapse. She was nearly 17 when started to get out and about. Wanted independence so decided to learn to drive. I decided when she was 17 to release money (told her it was inheritance) she assumed that was the lot. That's the money she used to bit car etc. The next year was when she applied for esa and pip. This was when she learned there was more money. It was still in trust for her at this time. Later that year I transferred it into her name.

TELLIT01

If I'm reading the OP correctly it has simply been poorly worded. I take it that the daughter had not knowledge of the trust prior to being given the money as it was being held for her and managed by her mother.
From what I have read here, the mother needs to accompany the daughter to interview so that she can explain the background in full, along with the calls she made to DWP and what she was told. There is absolutely no likelihood of the daughter or mother going to prison over this matter.
'Compliance' and 'Fraud' are simply two names for the same department so it's wrong to suggest the available courses of action are different between the two names.
I posted over the OP's most recent reply. How much was transferred to the daughter, and was that money declared to ESA? Any money which the daughter had direct access to should have been declared at the time of transfer if that was after the date ESA was claimed.

LindaR1965

Also please understand at no time was this a deliberate or malicious attempt at concealment to get financial help from dwp. My husband and I both work, we don't claim benefits, we do not know the benefit system. We told the truth to the dwp at all times when we spoke to them. Any mistakes made were my mistakes, not my daughter's. I did not not did my daughter conceal the inheritance from dwp, I told them when it was in trust and at no time did I know that when I transferred it over to her we had to let them know for as far as I knew they already knew about it and told me it did not count. I did not understand at the time that was because it was in trust.

poppy12345

LindaR1965 wrote: »

I'm not sure lawyer is suggesting withholding information. Think he's just asking me not to make contact till he knows all facts himself. If that is his advice I would not do that as fully intend to pay back any money owed . I will also not conceal any money she has.

Think I might not be explaining everything clearly. She was diagnosed at 16, spent nearly 6 months bed bound while recovering from relapse. She was nearly 17 when started to get out and about. Wanted independence so decided to learn to drive. I decided when she was 17 to release money (told her it was inheritance) she assumed that was the lot. That's the money she used to bit car etc. The next year was when she applied for esa and pip. This was when she learned there was more money. It was still in trust for her at this time. Later that year I transferred it into her name.

Was this the £28,000 that was released, and where was it released to your daughter? or was there more money that was given to your daughter. I'm sorry but you're posts seems rather confusing. Why would you not want to make contact with DWP until after you've seen the lawyer? It's better to admit to everything now rather than later. They most likely know about all the money anyway. The sooner they're told everything the better it will be for your daughter and yourself.

anmarj

Sounds like the £40k money was in trust when esa applied for, which would be disregarded as daughter had no access to, but the minute it was released, it would not of been disregarded, which has been failed to declared.

IAmWales

LindaR1965 wrote: »

I'm not sure lawyer is suggesting withholding information. Think he's just asking me not to make contact till he knows all facts himself. If that is his advice I would not do that as fully intend to pay back any money owed . I will also not conceal any money she has.

Think I might not be explaining everything clearly. She was diagnosed at 16, spent nearly 6 months bed bound while recovering from relapse. She was nearly 17 when started to get out and about. Wanted independence so decided to learn to drive. I decided when she was 17 to release money (told her it was inheritance) she assumed that was the lot. That's the money she used to bit car etc. The next year was when she applied for esa and pip. This was when she learned there was more money. It was still in trust for her at this time. Later that year I transferred it into her name.

She spent all that money knowing she was then going to be claiming benefits. That could well be a problem.

The application asks if you have had more than £5,500 in the past six months, to cover exactly this situation. What did she answer to this?

LindaR1965

This is the 28.000 that I put into her account. She was 17. The following year when she was 18 and at the same time she was applying for benefit was when she found out there was more money. Same day, same time as phone call to dwp. Later that year changed the trust fund into her name, the money is still in there .

LindaR1965

I don't remember that question.