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compliance interview possible fraud

(38 Posts)
snailz Sat 27-Jul-13 14:52:41

hi ladies just wondering if any of you have recently had a compliance interview? me and my boyfriend live at different addresses, my daughter (not his) is disabled and i am on esa due to my own condition. he is paid to be her carer (carers allowance), he comes to my house to care for her as his place is unsuitable and up a flight of steps. i have been reported for fraud that he lives at my address. im a bit concerned by this interview i must have. its not under caution however i guess im being suspected of the crime sad. he comes over several times a week and sometimes stay over in her bedroom as she requires nightly care, she has dla high rate due to her high care needs during the night.

snailz Mon 29-Jul-13 19:51:02

yes i know sad the thing is we are always on and off but keep trying to make it work so yes i guess it looks odd. im not exactly sure what they are investigating, i think it will be esa and housing benefit?

Nerfmother Sun 28-Jul-13 20:43:58

Snailz what are they investigating? Your ESA claim as if you are a couple not a single household? Your housing benefit? Please don't worry your explanations are very clear - would it help to write out who claims what, and a weekly timetable ( rough version of what happens usually?) the only odd thing is you having a baby together, being a couple, but not living together.

snailz Sun 28-Jul-13 19:12:44

yes i will, good idea again its the truth so i might aswell smile

betterthanever Sun 28-Jul-13 18:38:56

He could not use it for his own personal use, just for your DD or to take her places. Maybe tell the compliance person you have chosen not to get the car as you didn't think it was right, makes you look like you are really trying to make this work.

snailz Sun 28-Jul-13 14:41:32

yes he can drive iv never thought of that, would it not complicate the situation? i dont want them thinking we share legal stuff too sad this is what iv always been like, iv always tried to abide the rules and keep our matters separate.

betterthanever Sun 28-Jul-13 14:03:50

does your bf not drive? can you not get it and he drives it?

snailz Sun 28-Jul-13 13:01:57

thank you to everyone who has helped also i keep forgetting to thank people as im so stressed out.

snailz Sun 28-Jul-13 13:00:43

after all this it might just be easier if he does move in, i dont know how i can do that now, it will look like im guilty. i think ill just go for the interview and say im tired of the hassle and ill move him in, they havent done an investigation its just a statement they need so i guess i can make a new claim at any point. i dont have a mobility car as sadly i dont drive, but she gets high rate mobility. she could stay at his place but his flat is up a lot of steps and when he took her there she struggles and screamed, its not fair to force a disabled child up his steps.

Moxiegirl Sun 28-Jul-13 12:53:35

I take it moving in together isn't an option?
If your finances are separate and he clearly has his own bills etc i can't see that they can find you as 'living together' hope it goes ok.

betterthanever Sun 28-Jul-13 12:51:57

I think you will be fine. It just seems a bit complex so they are checking. proper advice as someone said may put your mind at rest. Do you have a mobility vehicle at all?

snailz Sun 28-Jul-13 12:46:40

yes it would help greatly but because of the stupid rule about having a boyfriend stay over x amount of nights iv not done that, so instead my own health suffers. i would gladly allow him to stay over so i can sleep but iv always been told boyfriends are not allowed to stay over, despite the fact he is her carer he is still my boyfriend and iv always tried to stay within the rules if he stayed day and night then he would be living here, he does sometimes stay over and then the next day leaves and im still having to look after her then all day so it was a choice of either day or night, i chose day as he is able to take her out places so i can sleep. social services put her at the highest level of care but only gave me 4 hours respite, its shocking!

Moxiegirl Sun 28-Jul-13 12:33:02

If she needs that much care and you are not able to provide it, does he not need to stay over more than a few nights per week?
Are social services involved to provide any respite for you or direct payments for her at all?

snailz Sun 28-Jul-13 12:24:18

thats correct i have my own illness which is very restricting, hence why i chose someone else, if i was doing any of this for money gain i would have just claimed carers myself but the fact is im just too ill to do that. i could still have had my boyfriend coming to visit and i would have had more money, but its simple not the case.

lottieandmia Sun 28-Jul-13 12:16:55

No it's not different Maj because the person who cares for the child is the one who has to claim carer's. You get CA when you can't work because you have a disabled person to look after. It sounds as if the OP cannot fulfill this role because she herself has a disability.

snailz Sun 28-Jul-13 12:13:45

here is the details on the dwp website:

Carer’s Allowance is £59.75 a week to help you look after someone with substantial caring needs.

You don’t have to be related to, or live with, the person you care for.

You need to be aged 16 or over and spend at least 35 hours a week caring for them.

maja00 Sun 28-Jul-13 12:13:30

Yes, but if he was hired to do the job he would be employed, you'd be paying him - getting a carers allowance from the state is different.

snailz Sun 28-Jul-13 12:11:54

many people have carers who they aren't related to, its very common, some people hire strangers because they simply dont have anyone available to do that job

snailz Sun 28-Jul-13 12:10:19

thank you no i havent but im going to go the advice center at my library next week. the problem is, he's her carer, if i didnt have him round to care for her he would be committing benefit fraud claiming an allowance and doing not the care, if he does do the care and comes round to look after her then im committing benefit fraud by having him here its so stupid and makes no sense, what the hell i am i meant to do? how can she possibly have a carer and him not be here to do that?? sad

maja00 Sun 28-Jul-13 12:10:03

I think you need to seek advice from CAB or similar.

The fact that he is claiming carer's allowance for a child he doesn't live with and isn't related to might be raising suspicions? Technically it isn't a job is it - he's not employed by you and I guess isn't getting minimum wage. Sounds like it could be complex.

lottieandmia Sun 28-Jul-13 12:05:11

These interviews are quite routine - they will want to check he is not living with you most likely. If he lives in a different place where he pays rent and is not financially linked to you then you should be fine I think. It probably looks complicated because he's your dd's carer but these situations must arise. Have you thought of speaking to citizen's advice?

snailz Sun 28-Jul-13 12:01:41

it would have been easy for me to say he is just her carer and not my boyfriend, they wouldnt know as he would be here caring for her regardless of if we are in a relationship but i dont want to be dishonest and just tell them the facts. what would happen if we were just in a relationship with my baby, would he not be able to come over anyway to see his daughter? how can anyone maintain a relationship without having their boyfriend over? given the fact that we have split up several times i just dont think it would work him living here, when hes here im sleeping after being up all night, most times when he comes here he actually goes out with my disabled child so its not like hes permantly in the house anyway. sorry im trying to be honest with you i know it looks odd but its the best we can do regarding my illness and my daughters care.

snailz Sun 28-Jul-13 11:56:03

no he hasnt had a letter

snailz Sun 28-Jul-13 11:55:02

hi heres out situation, my daughter is disabled, she is not his daughter. he claims carers allowance to care for her, he has a top up with income support, i think its about £100 in total pw, he gave up his job to be her carer as i have my own illness- M.E. most nights i look after her as she doesnt sleep much, only for 2 hours. he comes over in the day to care for her, thats why he claims carers, this is his job to be a carer for her. he has lived in his flat for at least 12 years maybe longer. sometimes he stays over but not often. the reason why he doesnt live at mine is because we have split several times over the past 3 or 4 years we have been together, in this time i had another relationship. its a pretty messed up situation but we argue so much, having a child which is so demanding with her needs causes a lot of pressure, we can never do things as a couple. we have a support worker and had a social worker who was aware that we lived apart, it was upon their advice that i took on a carer for my daughter as i was getting no sleep and had my own illness, i chose him because she knows him well. regarding the flat he has, he paid rent for 12 years before moving onto housing benefit when he became her carer. i also work part time which is all declared so he needs to look after her while i work too.

betterthanever Sat 27-Jul-13 23:04:40

I was going to ask if your bf has had a letter too and if he can live off the £60 a week? how does he pay for his house on that? I would really have thought that they would be interviewing him not you. Do you live far apart? have you not worked for a long time? and is that why you don't get the allowance to care for your daughter because you have a condition preventing you from doing this?

LIZS Sat 27-Jul-13 19:08:48

as your bf/p had a letter too ?

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