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Will DWP find out person claiming ESA/PIP is working full time without declaring?

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  • xxxxxxxx
    xxxxxxxx Posts: 497 Forumite
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    edited 8 January 2022 at 1:41PM
    calcotti said:
    I read it as the claimant is going to start working. As the work will be full time all ESA paid from the date of commencement of work will be an overpayment
    That's why I covered each scenario in my answer,  if by the time the ESA look at the employment, the employment is finished, then DWP will only look at the period of employment in isolation from the rest of the ESA claim.    Not all ESA after the start of employment will be an overpayment. in this scenario.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 8 January 2022 at 2:29PM
    xxxxxxxx said: That's why I covered each scenario in my answer, 
    I was responding to the bit where you said "I assume from what you wrote he is no longer working)". Was just commenting that I read it differently.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • xxxxxxxx
    xxxxxxxx Posts: 497 Forumite
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    edited 8 January 2022 at 6:12PM
    Williewonder, 

    Don't bother speaking to the claimant, you should be speaking to his appointee, explain to the appointee that they are financially & legally liable for any overpayment or fraudulent activity on his benefits. 

    I was coming back to explain that any explicit false statement by a claimant/appointee could also lead to a fraud court case.  If a claimant/appointee is asked "When did you start working?" and the claimant/appointee lies,  then this can be referred to fraud. 

    For example DWP can see that someone has been working full time for 2 years continuously to date. and the claimant when asked "when did you start?" says "2 months ago"  That is clear evidence of an intention to deceive and could be taken to court for a possible prison sentence in addition to the overpayment being recovered.

    In the case of an appointee, it would be the appointee who would go to prison.
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