Unintentional benefit fraud

jaywii94 · 14 February 2018 at 6:07PM

Hi Guys, Going to make a long story very short.
My mum is unable to work due to illness gets ESA and also has been receiving Housing benefit and Council tax reduction.
We have just received a bill for £7000 which is for Benefit overpayment.
After seeing someone today at the council it is clear that the reason being is she failed to send wages slips of for my brother, however she has also never provided wage slips for me.

My mum (bless her) is not the smartest woman and genuinely had no idea she had to submit our information as she thought the claim was for her personally rather than the whole house. So she has committed fraud completely unintentionally just through lack of knowledge. The reason they found it about my brother is they randomly asked for his wages slips (she submitted straight away)but have never asked for anyone else's apart from my mums (she shows them ESA).
I think the fact she did send wages when proves her innocence as she wouldn't provide if she was trying to hide it.

So for 4 years she has basically only submitted that she gets ESA and never submitted wages for me or my brother( only this once when they asked) meaning shes mad a massive mistake unintentionally.

My question is what do we do?

My mums trembling and crying as she has no clue what to do/expect

Surely they cant keep overpaying for years and then just ask for a massive sum at one point?

Surely if its unintentional there is a way to sort it?

Also the bill is so high and my mums on ESA how is she expected to repay?

Any help would be amazing.

Thanks James

marliepanda · 14 February 2018 at 6:09PM

jaywii94 wrote: »

Hi Guys, Going to make a long story very short.
My mum is unable to work due to illness gets ESA and also has been receiving Housing benefit and Council tax reduction.
We have just received a bill for £7000 which is for Benefit overpayment.
After seeing someone today at the council it is clear that the reason being is she failed to send wages slips of for my brother, however she has also never provided wage slips for me.

My mum (bless her) is not the smartest woman and genuinely had no idea she had to submit our information as she thought the claim was for her personally rather than the whole house. So she has committed fraud completely unintentionally just through lack of knowledge. The reason they found it about my brother is they randomly asked for his wages slips (she submitted straight away)but have never asked for anyone else's apart from my mums (she shows them ESA).
I think the fact she did send wages when proves her innocence as she wouldn't provide if she was trying to hide it.

So for 4 years she has basically only submitted that she gets ESA and never submitted wages for me or my brother( only this once when they asked) meaning shes mad a massive mistake unintentionally.

My question is what do we do?

My mums trembling and crying as she has no clue what to do/expect

Surely they cant keep overpaying for years and then just ask for a massive sum at one point?

Surely if its unintentional there is a way to sort it?

Also the bill is so high and my mums on ESA how is she expected to repay?

Any help would be amazing.

Thanks James

Her benefits will be reduced in order to recoup the overpayment. The amount will depend on a few things and they will calculate that.

She MAY receive a fine for non disclosure.

System · 14 February 2018 at 6:14PM

If you and your brother work then you are expected to keep her and as you should have been payomg the rent the last 4 years you'll have to contribute towards the repayment.

Of course itll just be in your mums name but you and your brother are the reason shes lost the money.

jaywii94 · 14 February 2018 at 6:14PM

No there saying if we cant pay £7000 theyll take £11 per week, the problem is that is not including and changes due to my wages... as she has never submitted mine.

Comms69 · 14 February 2018 at 6:15PM

jaywii94 wrote: »

Hi Guys, Going to make a long story very short.
My mum is unable to work due to illness gets ESA and also has been receiving Housing benefit and Council tax reduction.
We have just received a bill for £7000 which is for Benefit overpayment.
After seeing someone today at the council it is clear that the reason being is she failed to send wages slips of for my brother, however she has also never provided wage slips for me.

My mum (bless her) is not the smartest woman and genuinely had no idea she had to submit our information as she thought the claim was for her personally rather than the whole house. So she has committed fraud completely unintentionally just through lack of knowledge. The reason they found it about my brother is they randomly asked for his wages slips (she submitted straight away)but have never asked for anyone else's apart from my mums (she shows them ESA).
I think the fact she did send wages when proves her innocence as she wouldn't provide if she was trying to hide it.

So for 4 years she has basically only submitted that she gets ESA and never submitted wages for me or my brother( only this once when they asked) meaning shes mad a massive mistake unintentionally.

My question is what do we do?

My mums trembling and crying as she has no clue what to do/expect

Surely they cant keep overpaying for years and then just ask for a massive sum at one point?

Surely if its unintentional there is a way to sort it?

Also the bill is so high and my mums on ESA how is she expected to repay?

Any help would be amazing.

Thanks James

She's not going to prison. But she has committed an offence, so I would expect a court date.

I would expect to have the overpayment deducted from future benefits (and you and your brother to make up the different for her - just my moral POV)

I would also expect a criminal record

pmlindyloo · 14 February 2018 at 6:24PM

I presume this is a housing benefit/council tax overpayment?

Is your mum on DLA or PIP? If she is on mid care DLA or standard living PIP then there should have been no non dependent deduction made.

As regards the overpayment the non dependent deductions which she failed to declare were due to you and your brother working. So, is there anyway you could help out with this overpayment?

If you cannot help out and agree a repayment plan then they will, as already said, deduct a fixed amount from her ESA.

It might also help. in view of this, for you and your brother to 'up' your contribution to the household.

Obviously you have no actual liability to do so since this isn't your debt, but would be a nice gesture if circumstances allow.

jaywii94 · 14 February 2018 at 6:26PM

Ofcouse we will help im just worried about criminal record / prison for a mistake!!!

Whats best to do

NeilCr · 14 February 2018 at 6:39PM

jaywii94 wrote: »

Ofcouse we will help im just worried about criminal record / prison for a mistake!!!

Whats best to do

One of the first things to do is to tell them about your wages, I would say. (if you have not already)

And that would have been better done at the time she sent in your brothers information

The best advice now is for you guys to be open about everything

WhenIam64 · 14 February 2018 at 6:44PM

Ofcouse we will help im just worried about criminal record / prison for a mistake!!!

Fraud has a high level of proof and saying you're mum will have a criminal record is "enthusiastic" and perhaps in breach of MSE's rules.

Fraud whether admitted or not is a subjective issue, unless proven in court, and the way the DWP deals with it is to make a higher level of reduction in benefits than they would from other overpayments.

It may be that the family have to step up to the plate, as they say, and compensate your mum for the reduction she can expect.

jaywii94 · 14 February 2018 at 6:51PM

Yeah i think we will do the only reason she didnt send mine is again she didn't realise she had 2 just thought for some reason they wanted his

NeilCr · 14 February 2018 at 6:54PM

jaywii94 wrote: »

Yeah i think we will do the only reason she didnt send mine is again she didn't realise she had 2 just thought for some reason they wanted his

Please do not think you will. Tell them.

I would be prepared for them to ask her why she did not do it at the time she sent in the wage slips for your brother.

Unintentional benefit fraud

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