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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To have unwittingly broken the law and be worried.

129 replies

nnnnnnnnnnn · 09/09/2020 01:00

I am Irish and was living and working in England the past 8 years. Anyway after covid hit , I lost my job[was only on temporary contract after taking some leave from October- Feb to do a bit of travelling] and signed on universal credit. This was fine and I stayed in UK but in mid May a shock tragedy happened at home and my much younger brother [only 11] was killed in an accident and so I returned home suddenly. The last few months have being hectic and I decided to stay in Ireland to help parents[dm was understandably in a very bad mental place] as I am their only daughter[was only me and departed db in family] and I returned to work full time here in start of August. Anyway today I was tying up loose ends in UK as I hadn't got around to it with all the upheaval in the last few months and was cancelling direct debits/UK phone etc and checking my English emails I'd not checked in months when I realised I hadn't cancelled my benefits before I'd left. I haven't actively used my English bank account since May when I left. Hand on heart and on my brother's grave, I had totally forgot all about it with everything that had happened and I instantly contacted them and told them I was leaving UK and to cancel it. I know I am in a different country but I am worried I could get in trouble for this. BTW I will not be keeping the money from this[it's not a big amount but not the point] and it will be donated to charity but aibu to think the UK benefits system could track me down here and get me in trouble for my oversight if they discovered this or seen I'd been working here in August and claiming there? I already suffer from bad anxiety [on meds] and now this has made me even more anxious.

OP posts:
Butterer · 09/09/2020 01:08

This reply has been deleted

Message withdrawn at poster's request.

Yankathebear · 09/09/2020 01:09

Sorry about your brother.
Don’t donate it to charity. Give it back.

ComtesseDeSpair · 09/09/2020 01:09

Don’t donate it to charity! You need to contact whichever agency (DWP / HMRC / local authority) was responsible for assessing and paying your claim, ensure your claim has actually been cancelled and advise you are aware you may have received an overpayment, then keep that money until you’re requested to pay it back. You won’t get into trouble for an oversight which you contact them about, but you’ll be in difficulty when the system eventually clicks the overpayment and demands it back and you’ve spent it.

ChickenwingChickenwing · 09/09/2020 01:10

Do not donate this money to charity ffs. Its not your money, it was 'fraudulently' claimed. You need to leave it there and be prepared to pay it back. You can't just give it away Confused

What did they say when you contacted them to let them know? Or did you not tell them and just cancel from the time you called?

Original poster
nnnnnnnnnnn · 09/09/2020 01:11

Thank you, mmm well I think everywhere here is shut with covid and I'm too busy at work these days to be trying to deal with this but I googled expats being caught doing it in Spain etc and I'm afraid that I'll get a call from the UK.

OP posts:
Doyoumind · 09/09/2020 01:12

How could you have been receiving UC without reporting your income monthly or having phone appointments?

12309845653ghydrvj · 09/09/2020 01:13

As the others have said, do not give it away!! You need to talk to them and immediately arrange to repay it.

Sorry for your loss, I hope you are doing ok!

Original poster
nnnnnnnnnnn · 09/09/2020 01:14

I didn't tell them. I just told them I was leaving the UK and to cancel with immediate effect. DP said that the UK can't touch me here as it's a different country/jurisdiction especially with Brexit now but I'm not too sure.

OP posts:
ComtesseDeSpair · 09/09/2020 01:14

Nowhere (in the sense of official departments) in the UK is shut due to Covid anymore so you can contact them through the usual avenues. Use the contact details you would have used when you were in the UK. If you have time to post on MN you have time to write an email, surely.

ChickenwingChickenwing · 09/09/2020 01:14

I'm too busy at work these days to be trying to deal with this but I googled expats being caught doing it in Spain etc and I'm afraid that I'll get a call from the UK.

Why are you afraid? You have the money so you can repay. Why don't you call them? You can't be that busy to not be able to make a call but able to google about expats in Spain.

Butterer · 09/09/2020 01:15

This reply has been deleted

Message withdrawn at poster's request.

ChickenwingChickenwing · 09/09/2020 01:15

I didn't tell them. I just told them I was leaving the UK and to cancel with immediate effect.

So you lied Angry

Original poster
nnnnnnnnnnn · 09/09/2020 01:16

They called me in April and were supposed to call me in early May but cancelled and didn't call again. When I rang df in UK earlier, she said they hadn't rang her since June. We thought it was because of the covid, she is starting a new job in mid September so will be going off it soon too but hasn't had a call since June.

OP posts:
Butterer · 09/09/2020 01:17

This reply has been deleted

Message withdrawn at poster's request.

Original poster
nnnnnnnnnnn · 09/09/2020 01:17

Ok well if I tell them I thought I'd be investigated and face potential prosecution.

OP posts:
Osirus · 09/09/2020 01:18

It was incorrectly claimed. It’s not your money to donate - you must pay it back.

I’m so sorry about your brother. It must be terribly hard for you all. Flowers

ForrestTrump · 09/09/2020 01:18

I'd be extremely surprised if you were prosecuted for being honest. Much more likely to face problems if you are seen to 'accidentally' ignore it.

Original poster
nnnnnnnnnnn · 09/09/2020 01:19

No dp and I lived separately in UK, he is still there but will likely move back at end of year.

OP posts:
ChickenwingChickenwing · 09/09/2020 01:20

Why are you talking about them contacting someone else who you didn't live with and that she is going off UC soon? Someone else's claim has nothing to do with yours Confused

Osirus · 09/09/2020 01:21

I very much doubt anything will happen to you. I would perhaps write to them, explain the situation. I’m sure they’ll understand, especially as you have the money to make the full refund. What would they gain from prosecuting you? It’s only been a few months; it’s not like you’ve been deliberately incorrectly claiming benefits for years is it?

ComtesseDeSpair · 09/09/2020 01:21

Prosecution arises from intentional and long term fraudulent claiming of money you know you aren’t entitled to. Forgetting to cancel a claim for a few weeks with genuine reason and then making attempts of your own volition to pay back your overpayment won’t trigger an investigation.

MiniMum97 · 09/09/2020 01:21

You need to disclose you e been abroad and why. You will have an overpayment which you will be able to pay back. Extremely unlikely this will be dealt with as fraud if you disclose yourself and you explain the extenuating circumstances.

It dies t matter that "everywhere is shut" the UC helpline is open and if you have an online account you can just put a message on your journal. You don't need to go in anyway and "I was too busy to deal with it" won't go down well tbh. Logging in and sticking a message in will take 10 minutes. If you need to call up you will likely be on hold for a while but should be possible in a lunch break.

Very bad idea to pay the money to charity and just hope they don't catch up with you! Don't do this.

Butterer · 09/09/2020 01:22

This reply has been deleted

Message withdrawn at poster's request.

Doyoumind · 09/09/2020 01:23

I'm still confused. Surely if you don't complete your journal each month you don't get the money paid in.

Original poster
nnnnnnnnnnn · 09/09/2020 01:24

''Why are you talking about them contacting someone else who you didn't live with and that she is going off UC soon? Someone else's claim has nothing to do with yours confused''

Because when me and df signed on we were told we'd get a call once a month which we were initially told we'd be called once a month but then the calls were stopped so we just assumed it was because of covid and I was pointing that out to the poster above asking why hadn't they contacted me. I was using her to show it is likely because of the increase in people signing on not everybody was getting monthly calls.

OP posts: