Benefit fraud?

LindaR1965

Are you seriously going to state that neither you nor she knew that this had to be declared? It didn't occur to either of you that she could support herself financially?

As stated a couple of times, I did declare this money. Was told it did not count. Reading a couple of posts on here it would seem the reason it did not count was because it was in trust and she could not access it.

As others have stated, come totally clean with the DWP, pay back the overpayment and (hopefully hefty) fine then you and your daughter will need to plan sensibly for her future with what is left. Quite apart from anything else, letting her waste £28k was insanity

As I have stated several times the plan is to "come clean" and pay back any over payment. Why "hopefully hefty" fine? An honest mistake was made, once again did not conceal money, told about money was told it did not count . No concealment, no lie, no hiding, no intentionally making herself poor to claim benefits. She did not waste £28,000, she has a ball spending it.

For me personally something doesn't quite ad up here. The daughter was diagnosed at 16 and was apparently bed bound. You then gave her 28 k to spend as much and as quickly as possible including, incredulously for someone who is bed bound, a couple of cars to drive.

She has relapsing remitting ms. This means she has periods where she has a relapse (become very ill, bed bound, lots of different symptoms) and periods of when she is relatively well. As stated earlier she HAD been bed bound was feeling better and wanted to learn to drive. What doesn't add up? She had been bed bound and then wasn't?


You imply you didnt know you daughter would claim benefits, so what did you think your daughter was going to live on if not benefits?
Did you think she would work? If so what changed few months later when she was no longer bed bound to prompt her to claim Esa rather than jsa?

Yes I did think she would work once she had recovered from her relapse. A lot of people with ms do work. The meds she was on at the time did not work and she had another relapse a few months later.

preciousillusions

I think though that when you are claiming both PIP and ESA on account of disability (whether contributions or income based on paper) it might be easy for the OP or her daughter, or anyone, to become confused by what is means tested and what isn't? Especially if placed in the ESA support group. Because in your mind you know you are just getting benefits for being ill and the whole way they regard whatever you are getting can become mixed up.

Just my initial thought on the whole 'this must be pre-meditated' type accusations here. Rules aside, the OP's daughter is not working because she can't, not because she does not want to, and someone in employment would not have their wages cut if they had an inheritance.

teddysmum

preciousillusions wrote: »

Because in your mind you know you are just getting benefits for being ill and the whole way they regard whatever you are getting can become mixed up.

someone in employment would not have their wages cut if they had an inheritance.

You are not getting benefits because you are ill. They are to partly replace lost income ,so you can live. DLA and PIP are based on being ill, but not compensation for suffering. They are to help with increased cost caused by the ailment.


RE second partial paragraph: Someone working would have earned the money so had full rights to it, but benefits are paid for by other people's labour ,so recipients have to meet certain criteria to claim them; one condition, for means tested benefits being that you have insufficient income to live on.

preciousillusions

Yes but in the OP's daughters situation being out of work is entirely down to being long term disabled, so it can be easy to conflate the PIP and ESA into just getting benefits for being ill, do you see what I mean? I know PIP is down to additional care needs, which obviously stem from being disabled.

& as I said, it's not her fault she cannot work. Personally I believe in helping those in society that are less privileged that myself. You never know when you might find yourself in the same kind of situation.

Lioness_Twinkletoes

preciousillusions wrote: »

...as I said, it's not her fault she cannot work. Personally I believe in helping those in society that are less privileged that myself. You never know when you might find yourself in the same kind of situation.

As do I - and I believe those who are ill/disabled deserve enough benefits to provide a comfortable standard of living. Not, however, when they have the means to support themselves. More than enough, in fact, to support themselves.

The reason I hope the fine is hefty is because, despite the OP's protestations of innocence, the fact remains that the OP's daughter claimed a lot of money they weren't entitled to - they signed all the declarations and would merrily have carried on claiming if they'd not got caught.

Ignorance of the law is no defence.

LindaR1965

Lioness Twinkletoes

My daughter was not merrily claiming benefits, she was claiming benefits that we thought she was entitled to. We did not hide the money, we told them about it but unfortunately I did not realise that simply changing the name on the account from mine to hers made a difference. It was the same money, in the same account. I made a mistake. We will pay the money back happily as we don't want to take something that is not due. I find your comments unnecessarily harsh and judgmental. Save your judgement and your harshness for someone who deserves it, not someone who has made a mistake and is going to rectify it.

LindaR1965

Had we wished to keep this money while my daughter was claiming all I had to do was not transfer the money to her account. Keep it in my name and it would have sat there not affecting her claim. But as it never entered my head that it would affect her I changed names on the account. And before you jump on that with your judgement had I known it would affect her claim I would have still changed it to her name but made sure it was put on the form when she applied.

tomtom256

LindaR1965 wrote: »

Lioness Twinkletoes

My daughter was not merrily claiming benefits, she was claiming benefits that we thought she was entitled to. We did not hide the money, we told them about it but unfortunately I did not realise that simply changing the name on the account from mine to hers made a difference. It was the same money, in the same account. I made a mistake. We will pay the money back happily as we don't want to take something that is not due. I find your comments unnecessarily harsh and judgmental. Save your judgement and your harshness for someone who deserves it, not someone who has made a mistake and is going to rectify it.

If you told them about the money they wouldn't need to speak to your daughter and it would have already been taken into account!

LindaR1965

I did tell them about the money when she first applied. I have said that many many times. I don't understand why you can't get your head round that!

TELLIT01

LindaR1965 wrote: »

I did tell them about the money when she first applied. I have said that many many times. I don't understand why you can't get your head round that!

I for one am not claiming there was any intent to deceive, but the simple reality is that there was a change of circumstances - the money moved from being in a Trust to being available to your daughter and in her account. That change should have been reported to DWP and wasn't. The amount of money involved would have caused any entitlement to income related benefits to cease immediately. It is that area which is being investigated, quite properly.
The ESA1 form does state that ANY change of circumstances has to be reported and it is the responsibility of the person claiming benefit, in this case your daughter, to ensure that is done. She signed the documents to state that she understood all the requirements.
I'm not judging, simply stating how things will be viewed by DWP.