Benefit fraud investigation help

[Lucybee0]

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

@Lucybee0 - Oh but I am disabled and 'trapped' in a marriage, that I am finally ending, divorce pending.

I'm pretty sure you don't get to choose how much you want to pay back. She sounds entitled to think that is the answer while she STAYS just because moving to her sisters would be cramped? You don't just to commit benefit fraud as plan A with a "financially abusive partner". I don't buy it, she had to sit and apply for UC so was fully aware what she was doing was wrong. She might be disabled, but she's taken no advice so didn't know about applying for PIP? and her partner didn't suddenly think it was strange she was buying things?

Is this post about yourself?

Usually, they suggest a repayment plan, which is much cheaper than taking action against someone tbh. How much money have they paid her so far? I'm guessing it won't be much.

The basic amount of UC in a situation like this is about £250 a month. Hardly enough to go on a spending spree with.

No, what they can do, and probably will, is take a % off to repay what she has claimed.

As others have said no bailiffs at this stage.

There is an investigation where she will have chance to put her side.

At that point the DWP want their money back and that can be taken from other benefits or paid from other income.

That CAN go to court but what is the point of taking a disabled woman to court? They can and that would end up in a CCJ, that can impact her credit rating but all but disappears after 5 years.

The court can say how much she has to pay and over what time frame.

For all concerned it is better she makes an agreement to pay the money back.

If she gets a CCJ and then doesn't pay the DWP can ask for bailiffs to go in to seize goods BUT they cannot enter without permission and they cannot enter is there is a 'vulnerable person' at the property.

Vulnerable is a child, an elderly person, a disabled person and some other catagories.

She needs to reapply for PIP ASAP. Otherwise DWP will not see her as disabled. Speak to CAB and/or Womensaid about her being financially abused and in a coersively controlling relationship. This may mitigate any punishment and she will be in a better position if they believe her.
We have no reason to disbelieve what you're saying but on paper her position is a tough one. Firstly, fibro is a difficult one to prove. She isn't classed as disabled by DWP as she isn't in receipt of PIP and could simply be saying that about her partner as an excuse to claim. She needs to get proactive.
Going forward without PIP she'll still have no income if he's so financially abused. Make sure she doesn't agree to repayments she couldn't possibly make.
I hope she finds the strength to get free of this man and DWP give her the benefit of the doubt.

I feel for your sister, everybody makes mistakes in life and this sounds like she felt like she had no other choice.

did they say what part of the claim they are investigating? Has her claim been stopped now?

There is a very similar case on reddit (their disability advice section) you might get some more advice we have missed?

If she has proof of the abuse that will go in her favour uc has some sort of thing were if in a abusive controlling relationship especially with money there is special circumstances I’m speaking from experience