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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I think I committed benefit fraud...

21 replies

adrianna22 · 22/08/2014 03:43

as ignorance is no defence in the eyes of the law.

Not sure if this is the right place to post, but anyway..

A couple of years later after moving out from my mum's house, I receive a letter from the job centre to discuss a claim a few years back (3 weeks ago) when my child and I were living at home.. I'll just give you a background so you the issue better.

Got pregnant and had a child underaged. As I was not old enough to claim benefits for my child, plus I was living at home, my mum claimed as his main carer, so she got all the benefits under her name for my child. My mum was the main person looking after my child as I went back to study.

The time came when I moved up to higher education, doing my degree, and the time came when Student finance asked that I needed to provide proof that I'm responsible for my child, by showing a child TAX credit in my name. (I wanted to apply for childcare). Obviously I could not do that as my mum was receiving my child's benefit in her name, so my mum phoned child tax credits office, told them the situation and as she was the main carer, they said she had to decide if she wants the child TAX credit under my name and it was agreed that it would by the child tax office, that I could claim tax credits under my name even though I do not get child benefit.

When nearing the summer holidays, money was getting tight. Until I spoke to an advisor from the benefits people that I could claim Income support as I'm a lone parent, but because I was a student could only claim in the summer holidays. So got my income claim letter..but then it states " Who receives child benefit.."..( I thought this was odd at the time as to why did they only ask about that benefit) but anyway I put down UNANSWERED as I wasn't sure,but did write down that my mum receives child benefit for my son under her name on the claim form and they were specific sections asking if other people receive child benefit for the child and I put down yes as it was my mum. I did tell all the advisors this, but all they just told me "..well just make sure you put the child benefit in your name when your ready..".

I had the income support only for the summer holidays in the 2 years at uni and in total I only got 2 months of income support money.

Now back to the job centre interview- went to the job centre and was interviewed, the man then told me in that period when I was getting income support in the summer holidays. I should not of been entitled to it as the child benefit was not in my name. I then told him that no, every time I spoke to an advisor and have always written on the claim form that my mum is the person receiving child benefit in her name for my son. As I would always add a note in the claim form to tell them that. The man said well, that would have to be look into and need to look at my past claim form.

He also said that during the summer period, my mum was still getting ongoing income support for my child. Which means that when I got income support in the summer holidays two people were actually claiming income support for the same child. This now made sense, but I honestly did not know, on top of that I didn't know entirely know what my mum was getting for my son in terms of benefits. I only knew of child benefit. I know, stupid. Which is hence why I always told them my mum got child benefit in her name. Plus I did not even tell my mum at the time that I was claiming income support in the summer, I just did it as students who are parents can claim in the summer. I didn't think nothing of it.

Bottom line, the man said either way, I should not of been entitled to income support during the summer as child benefit was not in my name. He said even though I told them and put down on paper that my mum was receiving child benefit for my child. They still should not of given you and to correctly advise you that once you get child benefit in your name, you will not be able to claim for income support.

He said I could of got job seekers instead, but at the time when the advisor from JS, she told me to claim for income support instead as I did not have to go to too many interviews and like a naive girl, I took her advise.

They now want to interview my mum.

I just feel so deflated. I've always told the claim office and put in writing on the income support claim that it's my mum who always received child benefit in her name for my child. I just thank God that I was smart enough, at the time, to write it down.

Plus when income support was processing their claim, wouldn't it of shown them on the system that the claim was both made in the same address, as I was living with mum, for the same child. I just don't get it, that's why we have processors as lots of people make mistakes when filling out forms and given the correct info. Didn't they think to query it.

This is all my fault.

Well there goes my job.

OP posts:
adrianna22 · 22/08/2014 03:45
  • sorry error in 5th paragraph- as my mum was getting child tax credits for my son in her name.
OP posts:
Tikimon · 22/08/2014 04:13

If it's in writing they can't really pass the blame to you. It was an error, plain and simple.

I wouldn't worry too much about it.

Just tell them what you wrote here and show them the written information. It'll be a headache but you'll get it sorted.

VashtaNerada · 22/08/2014 04:26

It sounds like it was their error. You're not a lawyer of a tax expert - you did your best to explain clearly what the situation was. Might be worth speaking to the Citizens Advice Bureau to get some proper advice though.

McBear · 22/08/2014 04:34

If it was only two months income support, I imagine it wasn't a Huuuuge amount and you'll be able to pay it back a pound a week for the rest of your life

The phone calls may have been recorded which will help you.

Cab will be your best bet.

My only question is why didn't you change over that you were main carer and you receive all the benefits when you were old enough? If anything they may be after your mum for that reason.

Superchop · 22/08/2014 08:03

I don't think it's too big a deal, there's been a misunderstanding somewhere along the line in what isn't a straight forward case.

They will most likely ask for a repayment of the money you or your mum was paid and I think that will be all. If you can't afford to pay it in bulk they take it off of your income like a tax.

Hope this reassures you in someway.

There are lots of methods to appeal any decisions if you think they are wrong. However, the dwp are useless, take ages and don't communicate between departments

jacks365 · 22/08/2014 08:12

Who was financially responsible for your son while you were at uni and claiming for him from student loans?

Nomama · 22/08/2014 08:17

Don't worry, it is an error, you probably did mis claim but, as you have said you did it after taking their advice. They will NOT imprison you or anything else nasty.

Worst case scenario is you will have to pay the money you got back, very slowly. A pound a week is not impossible Smile

Just make sure you and your mum are available to them and honest about what happened and let them sort out the paperwork. That is their job, make them do it and stop worrying about it.

deakymom · 22/08/2014 08:19

if it was just for the summer you are not looking at a lot to repay you won't lose your job but if i were you i would start saving now and be prepared to make a repayment plan

sorry but they are going after people who owe a little and letting the ones who owe a lot get away with it!

dashoflime · 22/08/2014 08:20

You cant commit benefit fraud by accident. There has to be an intention to defraud- and in this case there obviously isnt.
They will not be able to pursue a criminal case against you.

You have been overpaid Income Support but I dont think they can recover the overpayment. Overpayments are only recoverable if you failed to disclose a material fact- which again you didnt do.

Your Mum has not been overpaid at all- she was entitled to Income Support.

The Child Tax Credit is not an issue- its ok for the CTC claimant to be a different person to the CB claimant.

It sounds like youve had a really rough interview, possible under caution, with people trained to investigate fraud rather than understand the system. You have obviously been left with the impression that your in some kind of trouble.

I think this impression is misleading. Probably the worst that will happen is that you will recieve a decicion letter stating you were overpaid Income Support (this is NOT the same as having commited fraud!)
You should then request a mandatory reconsideration of the decision on the grounds that the overpayment is not recoverable as you did not fail to disclose a material fact. If you get no joy from that- go on to appeal.

Good luck!

dashoflime · 22/08/2014 08:22

I should add- I work as a Welfare Rights Advisor and this is how I would advise a client

weatherall · 22/08/2014 08:23

Honestly try not to worry too much.

It's only a small amount in confusing circumstances and it sounds like it was more their mistake than yours anyway.

Go to cab and try not to get too stressed about it.

BauerTime · 22/08/2014 08:41

If its written on all of your forms then it is their error if they still assessed you as eligible. Its their job to determine your entitlement based on what you tell them and if all of the info you provided was accurate then i dont see what more you could have done.

TheAmazingZebraOnWheels · 22/08/2014 09:17

For most benefits if the overpayment is the fault of DWP (which this would appear to be) they can't claim it back although they will try.

NeedsAsockamnesty · 22/08/2014 09:33

It could very well be decided that it is your mum who has the over payment.

If the situation is as you say then you have not committed any fraud at all.

Did both or only one of you get child tax credits? They may not even be a over payment as over payments are when to much money has been paid and the distinction between the two (off the top of my head and using my memory) is not more money its a lack of work seeking requirement.

They usually always ask you to pay back but if it was reasonable not to know they made an error and you gave them the correct info then its worth appealing any decision.

It would be worth getting real life advice (turn to us,CAB,or any benefits advice service not DWP) as its not unknown for them to run rather free and loose with the rules and count on you being frightened and taking their word for it.

It's always worth taking your mum with you when you get advice.

adrianna22 · 22/08/2014 11:17

Thanks everyone for their messagesSmile.

Needs the child tax credits got transferred into my name as my mum explained the issue with the child tax people regarding university. So only one of us ( me now at the time) got child tax credits. I was not getting child tax credits before, only my mum.

JackI guess we were both go financially responsible..

Someone mentioned about why didn't I move to be the main carer while I was old enough. This was my issue when I was living at home with my mum at the time. While I was pregnant and had my child, benefits were far from my mind and didn't know much about them. Not excuse, I know, but I was going through way too much at that time.

My mum didn't want DS to be placed in child care so young, so she opt to look after him, while I went back to study.

The issue was that the job centre kept asking my mum to attend interviews, attend courses and she couldn't as she was looking after As she was looking after her new Grandson. So they told her that she needed proof that she was the main carer for my DS, by showing them a child benefit for DS in her name.

OP posts:
adrianna22 · 22/08/2014 11:19

Yes I will speak to the citizen advice Bureau. It's just it actually got me thinking how many people can be accused of being fraudulent with the system

OP posts:
tittifilarious · 22/08/2014 11:27

Hopefully you're assured by the comments on this thread.

Yes it does seem that either you or your mum have had 4 months IS when not actually entitled, but honestly, in the scheme of things it's not a big deal and I'd be amzed if there was anything more signifcant than the amount having to be repaid. Follow the advice from dashoflime

Sarahplane · 22/08/2014 11:49

Dashoflimes advice is excellent. Any problems get in touch with a welfare rights service. Most councils have a welfare rights service or there are lots of other organisations like cab or other advice services that can help.

adrianna22 · 22/08/2014 13:24

Thanks dafofine for the excellent advice!

OP posts:
NeedsAsockamnesty · 22/08/2014 13:34

Thanks for clarifying that, you haven't done anything wrong neither has your mum

dashoflime · 22/08/2014 18:22

No problem Smile Hope it all works out for you.

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