Possible ESA overpayment

Marco84

Am I screwed?

We got a council house in November, so I phoned up to change my address, they didn't know I am married for 3 years to a non EU citizen and that she has a part time job for 2 years. They sent me a change of circumstance form. I filled it all in and sent it back.

Today I got a change in rate payable letter back and my money went down from £250 a fortnight to £21 because of my wife's earnings and some savings.

Does it mean I've been overpayed for 2 years? If so what will happen? It must be many £1000s if so! I already got bad mental health problems and now I'm scared to death. I assumed they would have known I'm married since I claim child tax credits and as my wife can't claim any benefits as a non EU citizen I thought it wouldn't effect my benefits, what a big fool I am.

TELLIT01

Yes you have been potentially been overpaid for the period your wife has been working. Although she has no entitlement to benefit, her income will be taken into account if your claim is Income Related rather than based on your National Insurance contributions. It is your responsibility to inform ESA of any change of circumstances and I presume you didn't inform them when you married.
I would advise you to get in touch with Citizens Advice as soon as possible and get their assistance in contacting ESA to clear the whole situation up.
How long have you been claiming ESA?

Marco84

I've been claiming since 2003. I honestly didnt know that I had to inform them.

What will happen? Will have to repay them or go to prison?

poppy12345

Marco84 wrote: »

Am I screwed?

We got a council house in November, so I phoned up to change my address, they didn't know I am married for 3 years to a non EU citizen and that she has a part time job for 2 years. They sent me a change of circumstance form. I filled it all in and sent it back.

Today I got a change in rate payable letter back and my money went down from £250 a fortnight to £21 because of my wife's earnings and some savings.

Does it mean I've been overpayed for 2 years? If so what will happen? It must be many £1000s if so! I already got bad mental health problems and now I'm scared to death. I assumed they would have known I'm married since I claim child tax credits and as my wife can't claim any benefits as a non EU citizen I thought it wouldn't effect my benefits, what a big fool I am.

If you're claiming housing benefit/Council tax reduction then there could pentially be an overpayment of there too. You need to ring them tomorrow and tell them you're married and your wife works. You'll also need to tell HMRC you're married, if you haven't already done this.

The onus is on the claimant to report ANY changes of circumstances when claiming ALL means tested benefits.

[Deleted User]

Marco84 wrote: »

I've been claiming since 2003. I honestly didnt know that I had to inform them.

What will happen? Will have to repay them or go to prison?

Almost every letter you get from the DWP tells you that you must inform them of ANY change in circumstances, if you have been overpaid by a serious amount because you didn't inform them then I suggest you get some help and advice either from a solicitor or at least to start with CAB. No one here knows what the penalty will be. i don't want to be the bearer of bad news without knowing ALL the facts.

Marco84

We were living with parents until November, housing benefit/council tax been set up fine, so has child tax credit ect but I didn't think my disability would come into play

poppy12345

Marco84 wrote: »

We were living with parents until November, housing benefit/council tax been set up fine, so has child tax credit ect but I didn't think my disability would come into play

When you claimed Income Related ESA (means tested benefit) you signed an agreement that you would report ANY changes of circumstances. This is also written on all letters. You are possibly looking at a serious overpayment amount, plus any fine on top. I have no idea what else will happen. I suggest you take Venison's advice and get some help with this. I think you may need it.

TELLIT01

_shel wrote: »

Prison definitely

Don't be ridiculous. The OP married 3 years ago and his partner started working 2 years ago. The likelihood of a prison sentence is very low. Repaying the overpayment plus a fine of some sort is by far the most likely outcome.

w06

Did you declare your wife's income on the housing benefit and council tax claim? I think I'm correct in saying that although she isn't entitled to recourse to public funds her income is taken into account there too as it is household income. You need proper legal advice, urgently.

Cheeky_Monkey

Marco84 wrote: »

We were living with parents until November, housing benefit/council tax been set up fine, so has child tax credit ect but I didn't think my disability would come into play

I thought you couldn't get housing benefit if you live with your parents????

marliepanda

Cheeky_Monkey wrote: »

I thought you couldn't get housing benefit if you live with your parents????

I'm assuming he means that once he moved out from the parents the HB and Ctax was set up with full knowledge of the new wife as she predated the move.

The ESA predates the marriage and he never updated it.