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Original poster

Benefit fraud investigation help

35 replies

Lucybee0 · 06/11/2023 22:28

Hi,

So I’m just looking for some help/info.

My sister is disabled with fibromyalgia, she’s unable to work but was denied disability benefits. She also wasn’t entitled to any UC as she lives with her partner. Her partner is abusive, does not give her any access to money so in desperation she claimed she was living with my Mum and claimed UC (no housing costs).

This was a very bad, misjudged decision on her part but she was desperate. I’ve only found this out recently, I had no idea she was doing this. I feel awful for her because she’s in trouble now.

I know people will judge her but I do find it strange she’d be entitled to money if she lived with a parent but not her partner? It makes no sense to me. My Mum wouldn’t let her live with her so that wasn’t an option.

She’s been informed she’s been investigated for benefit fraud. The main thing she’s worried about is them storming into her home, seizing items like phones, laptops etc as her partner does not know she’s been doing this. She wants to keep it from him. Again he’s very controlling but she stays with him.

I can help her with repayments (£100 a month maximum) will that stop them from coming to her home if she agrees to this? I don’t mind as I’m in a good position financially and she’s let me live with her rent free in the past (before she was disabled she had a great career). Just looking for help from people who’ve been through this or know the system.

Thank you

OP posts:
Popperzip · 06/11/2023 22:41

They will investigate her either way it’s out of your control really.
they would have been watching for months to gather proper evidence to contact her about their investigation.
there’s nothing you can do now unfortunately other than just be a shoulder to cry on. Can she not stay with you?

Ibravedaflood · 06/11/2023 22:41

Maybe woman's aid can help?

Original poster
Lucybee0 · 06/11/2023 22:45

@Popperzip

I’ve offered but my partner works from home and we live in a tiny flat so she’d feel awkward as he’s here all the time. Also she does want to stay with her boyfriend, she’s not trying to escape from him. I wish she would but she won’t.

OP posts:

Interested in this thread?

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Benefits
Original poster
Lucybee0 · 06/11/2023 22:47

@Popperzip

Yeah she knows she’s caught. She’s just worried about them coming to her home, seizing items to repay the debt as she’s been Googling and apparently that’s what they do?

Will they still do that if she offers to pay the debt back slowly? I’m just wondering as I have no idea.

OP posts:
MrsMoastyToasty · 06/11/2023 22:49

Go to Citizens Advice. They should be able to help with getting her benefits and negotiating with the DWP if she owes them money, citing financial abuse as the reason. Its nothing that they (or a debt and benefits charity( haven't heard before.

Loubelle70 · 06/11/2023 22:52

Ibravedaflood · 06/11/2023 22:41

Maybe woman's aid can help?

I work at womens aid. We would recommend you ring us so we can advise. Also youll need a solicitor if arguing situation because of domestic abuse.. however because knowingly your sister claimed she will be found guilty and have to pay back..so solicitor probably waste of money. If she admits it but writes a statement to be added to the case about the DA and why she claimed. Ar least it is on the record. Id get local m.p involved if anything...domestic abuse financial abuse and why women stay..and breaking the law just to survive

LIZS · 06/11/2023 22:53

Bailiffs won't come at this stage. She needs to face up to it and cooperate with the investigation. Then they may agree to a repayment plan but it needs to be realistic and her be able to stick to it. Otherwise it will go to court, Chances of her keeping it from her abusive partner are very low though and even then her circumstances will be very vulnerable. Coercive control and financial abuse can be prosecuted, You would be best advising her to speak to WA and CAB.

Stomacharmeleon · 06/11/2023 22:55

Cab would also be able to help her with disability forms as she could apply Again . She just needs someone who is good at doing the forms and her medical evidence.

Original poster
Lucybee0 · 06/11/2023 22:59

@MrsMoastyToasty

Go to Citizens Advice. They should be able to help with getting her benefits and negotiating with the DWP if she owes them money, citing financial abuse as the reason

I don’t think she can even claim disability if she lives with a partner, it’s awful. Her partner was unemployed when she originally tried to, but now I don’t think she’s entitled.

If she claims financial abuse as the reason she did this would that get her partner in trouble with DWP? I’m only asking as I know she wouldn’t agree to say that if it would.

OP posts:
Original poster
Lucybee0 · 06/11/2023 23:03

@LIZS

Bailiffs won't come at this stage. She needs to face up to it and cooperate with the investigation. Then they may agree to a repayment plan but it needs to be realistic and her be able to stick to it

Are you sure about that? That is her main worry/fear. That if they came in and maybe took any of their personal items he would go ballistic.

OP posts:
YourSpleenIsDamp · 06/11/2023 23:06

She can definitely claim PIP regardless of who she lives with - it's not means tested xx

YourSpleenIsDamp · 06/11/2023 23:08

Citizens Advice asap - 08001448848 if in England

MaidOfSteel · 06/11/2023 23:08

She absolutely can claim PIP.

YourSpleenIsDamp · 06/11/2023 23:10

Or she can talk to an adviser online if she'd prefer. I used to work at CA doing disability benefits/appeals - this is the sort of situation we'd see regularly. CA can help with the benefit fraud repayment as well as supporting her to reapply for PIP/UC.

Original poster
Lucybee0 · 06/11/2023 23:12

Ok I’ll tell her about PIP thank you. Might it be held against her that she was committing benefit fraud though? (E.g. they could say she was being dishonest about her address so they can’t trust her on her disability & how it effects her)

OP posts:
MrsMoastyToasty · 06/11/2023 23:14

Of couse she can claim disability benefits if she lives with a partner . They aren't linked to income. She needs to ask for a mandatory reconsideration.

I don't know if he would get in trouble. But hey, it's nothing more than he deserves if he's denying her access to money.

TomatoSandwiches · 06/11/2023 23:15

Lucybee0 · 06/11/2023 23:12

Ok I’ll tell her about PIP thank you. Might it be held against her that she was committing benefit fraud though? (E.g. they could say she was being dishonest about her address so they can’t trust her on her disability & how it effects her)

They will go on evidence she has so medical letters and they also often talk to your GP so I wouldn't say she would be penalised because she has committed benefit fraud.
Applying won't hurt though.

Loubelle70 · 06/11/2023 23:19

I worked at citizens advice before i work at present job. She can apply for pip with fibro. Her 'fraud' will not affect this nor be flagged.

Dwhat123 · 06/11/2023 23:23

@Lucybee0

How much is the fraud overpayment?

In short, they want the money back and an admittance. If the loss is below a certain threshold and your sister is willing to put her hands up then they may just agree a repayment and caution her (assuming no previous form).

Again, if below a threshold but she doesn’t admit to it then they could offer an administrative penalty (used to be 30% of the overpayment and both will be recovered).

Get advice but being upfront and trying to make amends can help. Keep communicating as that will show willing in clearing the debt and will help avoid it being passed on to debt recovery

Original poster
Lucybee0 · 06/11/2023 23:25

@Dwhat123

How much is the fraud overpayment?

It’s around £7000

OP posts:
Messyhair321 · 06/11/2023 23:26

Lucybee0 · 06/11/2023 22:59

@MrsMoastyToasty

Go to Citizens Advice. They should be able to help with getting her benefits and negotiating with the DWP if she owes them money, citing financial abuse as the reason

I don’t think she can even claim disability if she lives with a partner, it’s awful. Her partner was unemployed when she originally tried to, but now I don’t think she’s entitled.

If she claims financial abuse as the reason she did this would that get her partner in trouble with DWP? I’m only asking as I know she wouldn’t agree to say that if it would.

She can claim pip if she's living with a partner, & it wouldn't impact wages or other benefits.

I would get a free half hour help from a solicitor, explain the domestic abuse. If I were in your shoes I'd also offer to call the DWP &,/or write as a concerned relative citing how worried you are & why. It's certainly not going to do any harm

TheSilentSister · 06/11/2023 23:52

She would have been entitled to disability benefits whether living with her partner or not. Are you sure she actually put in a claim?
Yep, claiming UC under false circumstances is wrong. I don't think she can escape any 'wrong doing' by offering to pay it back for her in instalments.
What has she been doing with the money and how come her partner doesn't know about it? £7000 is a lot of money. I'm just voicing what the investigators will be asking. They'll have a hard time believing she was paying for essentials as they'll ask where did her partner think the money was coming from if he's financially abusive and knows she doesn't have any income. Are you sure she is telling you the full truth and has he coerced her into this situation?
Sorry, a lot of questions and not helpful.
Definitely seek help from the professionals that know best.
I wish her all the best.

Babyroobs · 07/11/2023 00:02

If she was working and paying NI contributions prior to becoming ill then she should have claimed New style ESA instead of Universal credit. this is not means tested and her partners income wouldn't have counted at all. Whether they would consider this in her defense I don't know.

Original poster
Lucybee0 · 07/11/2023 00:03

Yep, claiming UC under false circumstances is wrong. I don't think she can escape any 'wrong doing' by offering to pay it back for her in instalments.

It’s very easy to judge when you aren’t disabled, unable to work & trapped in an abusive relationship.

What has she been doing with the money and how come her partner doesn't know about it? £7000 is a lot of money

She was getting just over £300 a month, it’s really not a lot of money.

I'm just voicing what the investigators will be asking. They'll have a hard time believing she was paying for essentials as they'll ask where did her partner think the money was coming from if he's financially abusive and knows she doesn't have any income. Are you sure she is telling you the full truth and has he coerced her into this situation?

Yes she is telling the truth. I’ve known the man for years, I know who he is. He gives her some money but barely anything.

OP posts:
Original poster
Lucybee0 · 07/11/2023 00:04

If she was working and paying NI contributions prior to becoming ill then she should have claimed New style ESA instead of Universal credit. this is not means tested and her partners income wouldn't have counted at all. Whether they would consider this in her defense I don't know.

She hasn’t worked for a long time due to her disability so wouldn’t have been entitled to it. She only claimed UC the last 1.5 years as she got desperate.

OP posts: