Compliance interview undeclared capital freaking out

Tillyb12

Hi I was hoping someone could help I'm so worried. I claimed UC in July as a single parent after my girl was born. Prior to claiming about 6 weeks I brought a car for cash, had work on my roof and windows repaired. I've now had a compliance interview and wants me to prove where the money has gone as would of pushed me over the capital of 16k to claim. I didn't do this intentionally I needed a car as mine had to go to the scrap and the windows and roof needed doing. I have receipts and the log book to prove when I brought the car. Everywhere I've read though it looks as buying a car is classed as notional capital and therefore I would have too much capitil and wouldn't of qualified.  I can get accused of fraud.

This was a genuine oversight by my POV. Has anyone been in the same situation I'm so worried

poppy12345

I don't think you're going to get an answer to this because this will have to go to a decision maker to decide and only they will be able to tell you the answer to this. I would think that as long as you didn't buy the most expensive car then there shouldn't be a problem. Out of interest, was it a brand new car you bought or a used one? and how long did you have the money in your bank before you decided to buy a car?

All you can really do is provide what they've asked for and wait for a decision to made.

TELLIT01

The underlying question is "Did you have in excess of £16k in capital at any time during your claim for UC?"  It's a perfectly reasonable question from DWP to know how you funded the purchase and the repairs.

The necessary purchase of the car is not deprivation, nor would the work on the house be if it was necessary.  The query is entirely about the source of the money you spent.

Tillyb12

poppy12345 said:

I don't think you're going to get an answer to this because this will have to go to a decision maker to decide and only they will be able to tell you the answer to this. I would think that as long as you didn't buy the most expensive car then there shouldn't be a problem. Out of interest, was it a brand new car you bought or a used one? and how long did you have the money in your bank before you decided to buy a car?

All you can really do is provide what they've asked for and wait for a decision to made.

Hiya thanks for your reply. I moved into my house in March and the windows needed replacing then (they were smashed and single glaze but because it was lockdown they couldn't come do it until late June. I brought the car because my last one died. It was a second hand car but still 7.5k. It just looks really bad but I genuinely didn't think at the time and needed a car. I'm just so worried I'm going to be in trouble 

joshgiova

I suspect what has happened is that DWP have received information from a match against savings interest data from HMRC from before you claimed. 

As long as you can justify the expenditure was reasonable and not just to give you entitlement to UC. I doubt roof/window maintenance would be seen as unreasonable. It’s down to a decision maker to decide based on your circumstances.

Tillyb12

As long as you can justify the expenditure was reasonable and not just to give you entitlement to UC. I doubt roof/window maintenance would be seen as unreasonable. It’s down to a decision maker to decide based on your circumstances.

Just not the car 😣 Everything I read to points to the car looking as if I've been extravagant. I really haven't just had a crap old car which didn't work and a baby due in 2 weeks. The claim wasn't even on my mind 🤢

joshgiova

Tillyb12 said:

As long as you can justify the expenditure was reasonable and not just to give you entitlement to UC. I doubt roof/window maintenance would be seen as unreasonable. It’s down to a decision maker to decide based on your circumstances.

Just not the car 😣 Everything I read to points to the car looking as if I've been extravagant. I really haven't just had a crap old car which didn't work and a baby due in 2 weeks. The claim wasn't even on my mind 🤢

Did you know you were planning to claim at the time you bought the car? If you had no reason to think you would be needing to claim in the near future then I doubt this would be classed as deprivation of capital. 

Were you working prior to claiming or being supported by a partner? 7.5k on a car doesn’t sound excessive necessarily, if it was what you needed to fit your needs, enough room for kids and shopping etc

poppy12345

Tillyb12 said:

As long as you can justify the expenditure was reasonable and not just to give you entitlement to UC. I doubt roof/window maintenance would be seen as unreasonable. It’s down to a decision maker to decide based on your circumstances.

Just not the car 😣 Everything I read to points to the car looking as if I've been extravagant.

You don't know that for certain, other than what you've read on the internet. No one can tell you for sure either way and the only person that can decide will be a decision maker from DWP. It's not like you went out and bought and expensive brand new car. All you can do is send what they've asked and wait for the decision. Hopefully, everything will be fine.

calcotti

Tillyb12 said: Just not the car 😣 Everything I read to points to the car looking as if I've been extravagant. I really haven't just had a crap old car which didn't work and a baby due in 2 weeks. The claim wasn't even on my mind 🤢

If, at the time you bought the car, you had no expectation of claiming benefits then it really doesn’t matter what you spent on it because you didn't do It in order to increase benefit entitlement.

Even if you did expect to claim benefits it would then come down to what is reasonable to meet your needs but only for it can be shown that part of your reason forspending the money was to increased benefit entitlement.

Tillyb12

Were you working prior to claiming or being supported by a partner? 7.5k on a car doesn’t sound excessive necessarily, if it was what you needed to fit your needs, enough room for kids and shopping etc

No I've worked FT all my working life.  My relationship dissolved the same time the double line appeared! The healthvistor was the one who told me about claiming UC. I'm now back at work FT as well, no even claiming which makes it more stressful

joshgiova

Tillyb12 said:

Were you working prior to claiming or being supported by a partner? 7.5k on a car doesn’t sound excessive necessarily, if it was what you needed to fit your needs, enough room for kids and shopping etc

No I've worked FT all my working life.  My relationship dissolved the same time the double line appeared! The healthvistor was the one who told me about claiming UC. I'm now back at work FT as well, no even claiming which makes it more stressful

I would think given your circumstances then that you will not be treated as having deprived yourself of capital. It sounds like you were not aware of what you could claim or what the eligibility requirements were at the time you spent the money.

You can only deprive yourself of capital by knowingly spending money outside of normal reasonable living expense with the pre meditated intent of making yourself eligible to claim benefit or increase your benefit entitlement.

Try not to worry too much, just explain everything as clearly and openly as possible and I’m sure you will be fine.