I have found myself in a right mess and don't know how I got here - how do I get out?

OnOurOwn

It's a long story ... I have never claimed benefits except for CTC and CB. My spouse passed away suddenly last year and left me and the children with nothing except for our house (which we still have a mortgage on) We had been tightening our belts and cancelled all our insurances about 6 months before the death!!
Anyway, I now get WPA on top of the CTC and CB, but could not see how I would be able to pay the mortgage, so applied for IS - I was refused as the WPA is classed as an income and took me over the limit - I appealed and said that I only wanted the help with the mortgage payments ... anyway, eventually they agreed and since January have been paying 50% at first and now 100% of the interest on my mortgage for the first £100,000.
Everything seemed to be sorting itself out and I was just starting to budjet myself again and work out exactly what I had coming in and going out.
Had a letter to attend a meeting last week with comlience officer at jobcentre ... I had a payment from a pension my spouse had payed directly into my bank account in January of £8,000 (which I didn't inform them of - didn't even enter my head TBH, we have only just had the inquest and I am still not really in a good state of mind)
They have now booked another appointment for me to go back and provide evidence of where that money went, but I haven't got any ... it has just been spent on living costs, nursery fees for my children and food etc. My question is ... Am I better off going back to the interview and saying "sorry, i didn't even think about mentioning it, didn't even enter my head and I have just been spending it to live on" or will that get me in worse trouble.
I have got 2 children under 4, my spouse has just died, I have no way of paying my mortgage without the help from DWP, and I can't think straight - has anybody got any clear headed advice to give me please?

churchrat

hi
don't have any experience of this, I'm sorry, but didn't want to read and run. but my thoughts, for what they're worth, are that as they know you had the money, and you have no proof of spending, you should tell them the truth. If you start to lie you will always have to remember what you said, and it all gets even more complicated. I believe that you are able to take a friend with you to these inertviews, so perhaps you have someone to go with you who is not so involved?
goodluck with it all

real1314

Should you just say "I didn't even think to declare it, I spent it onliving costs"? Yes, if that's the truth, that's what you should say.

Do you have other savings?

You can have £6000 beforeit affects IS, anything over that will result in IS redcing by £1 per week for every £250 over £6k, up to £16k where IS is stopped completely.

I presume you received a Widowed parents payment (£1k I think), if you did, that should be disregarded from your capital limit for 52 weeks iirc.

OnOurOwn

Thanks, of course I know I should tell the truth, but I didn't know if there would be a better way to word it!
I have no other savings, I didn't even know I was going to get this payment of £8,000 until it was on its way to my bank account. But it is not there now, has all gone.
Do you think that the compliance officer will accept this as the case - I do have bank statements to prove I am overdrawn in both accounts.
Also, will this mean that they will stop the help with the interest on my mortgage payments? I don't know how I will manage if they do!

tom9980

As above for every £250 over £6000 they deduct £1 so when the £8000 hit your account and you found out it was yours you should have told them, this is why they are investigating and asking you to interviews with a compliance officer.

What you say is something like

Im sorry i should have told you, but everything in the last year since your partner died such as;

• Keeping up with mortgage payments.
• Sorting out Benefits.
• Dealing with his death.
• Helping you children through this period of losing a father.
• Dealing with an inquest.

has made things very difficult and you were just not thinking straight.

I think most people would give you the benefit of the doubt at this point because it is/was such a difficult situation for anyone to be in. Most likely they will want to ask for an amount of money to be repaid because it should of been deducted from your IS. You should where possible find out where you spent the money any recipts, bills or debts you paid off would show them you werent trying to hide the money or waste it. Dont be surprised if they ask you about specific things you paid for and dates so go through your statements and try and figure out what was spent and why.

tbh i hope they see sense, but do make sure you take someone with you to the interview and go and see CAB and get some advice if you can they may be able to get an advisor to go with you.

Good Luck

SuziQ

I think you have been given some really good advice,just wanted to say hello and welcome to the site and I hope it pans out for you. I was wondering whether your local priest/vicar or someone else could also vouch for you,stating in your normal state of mind you would not have overlooked this? Just a thought as I have no personal experience,except I do know someone who deliberately defrauded who dodn't get prosecuted-I think they would have to be very hard to do so under your circumstances.

mouseymousey99

Hi - Just thinking could you take in your bank statements with you? They can ring bells and remind you where it has gone? If you dont have the originals can you get back copies online or do the £10 data protection charge and get yourself some? Do you have friend/family who can go with you?

allen35

As earlier said you are entitled to £6000 savings and it doesn't affect I.S, I do hope in your circumstances they are sympathetic and understanding.

If the money was spent sensibly as again earlier said say on any debts, essential items for the home or possibly a holiday these are all taken into account and are mostly accepted by DWP.

Should you be hit with an overpayment it would be wise to get advice from an Advice centre regarding an appeal.

Good luck and wish you and your family well.

OnOurOwn

Thank you all for your comments. I do have all bank statements from the day the money went into my account and have proof that I paid house insurance premium, car insurance premium, £1000 into a second account to take it out of it's overdraft and £800 a month to ensure all household bills and mortgage payments were met. The rest was just spent in dribs and drabs on normal living costs ... supermarket shops, clothes for the children, my eldest childs playschool fees and my partners mobile phone bill, so not specifically on debts. I truly hope that when I go back on 25th June, the lady accepts that this really wasn't intentional and that I am perfectly happy to agree to pay back anything I may have been overpaid because of my stupidity although it may take me a while. Am getting myself I a bit of a state about this now as a situation like this really isn't like me - I have a bereavement councelling appt next week, so hopefully will be able to talk aout what happened and try to start to clear my head a little bit

nm8553

Seriously think that if you take all the info you have (including a plan of your routine weekly/monthly expenditure) proving that you haven't been profligate, you will be ok.

Just be straight and sincere - even civil servants understand.


Good luck and God bless

Hippygirl

I'm so sorry for your loss. I have a close friend whose husband died suddenly last year and I know a little of what it must be like for you. This is the last thing you need. Hopefully they will understand how stressful this time has been for you. How do you find your GP? - hopefully they will also be able to support you and perhaps, if required, would write in support. Did you or your husband belong to any trade unions/professional bodies/ armed forces? If so they are usually evry supportive and can sometimes offer financial assistance. Take care of yourself.