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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:
EveryDayIsADuvetDay · 09/09/2020 05:48

@VeggieSausageRoll

Surely it's not that easy to just up and leave? What about your tenancy? Was there no notice period that you had to pay rent on? What about council tax? Presumably your benefit claim included funds towards those? Energy and water supply final bills etc.?
whole thing is a bit unbelievable. Anyone that was concerned sane would report and arrange to pay money, not drivel on about donating it to charity.
TitsOutForHarambe · 09/09/2020 06:01

I wouldn't worry. Many years ago I received a letter saying that I owed them about £150 in housing benefit. I'd started a new job and had let the dole office know, but I hadn't realised it was a separate thing to cancel housing benefit. I saw the payment hit my account and thought it was just what I was owed up until when i cancelled my dole as I wasn't great at keeping track of those things. Thought no more about it until i got the letter.

Anyway the letter just said that i had to pay the money back. I paid it back. Everybody moved on with their lives. It was really not a big deal. As others have said you should be honest and pay it back - I highly doubt that you will be in any sort of trouble.

MitziK · 09/09/2020 06:05

You have to log into your account every month to confirm your circumstances haven't changed for universal credit to be paid.

Tomatoesneedtoripen · 09/09/2020 06:27

this was money received since May.
just write to them if you no longer require it.

i am so sorry for your loss.

TableFlowerss · 09/09/2020 06:33

@ChickenwingChickenwing

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.

That’s not the point though is it?

If something is claimed fraudulently, the case isn’t closed just because the person offers to pay it back. It’s like taking something from a shop, getting caught then suggestive giving it back, as if that’ll solve it and cancel and wrong doing out.

Not that I’m suggesting this is the case here. Given the tragic circumstances hopefully they’ll be understanding etc....

CaroleFuckingBaskin · 09/09/2020 06:34

So sorry about your little brother.

I would write to them explaining the circumstances. You have the evidence that you have nit been home or used the bank account.
They'll ask for it back. You pay it. End of saga.

I cant see how you have acted fraudulently. It's clear you have not touched the money.

buffywillpatroltonight · 09/09/2020 06:42

Your story is like Swiss cheese

Lugubelenus · 09/09/2020 06:53

Condolences on the loss of your little brother, I'm not surprised you overlooked the benefits you were receiving.

However, you have to tell the truth, otherwise you will be in trouble for fraudulently claiming money you are not entitled to. You must have perpetuated the lie over the last few months in order to keep receiving the benefit though - they don't just pay out without checking circumstances haven't changed, Covid or not.

Saying you are planning to donate the money to charity is a worthless gesture - it's not your money to donate. You will have to pay it back. Be honest, and email the appropriate people today. You don't need the stress of this right now.

burntpinky · 09/09/2020 06:56

You’re too busy at work to be dealing with this but you have time to post about it on mumsnet?!

I’m sorry for your loss but you really need to sort yourself out. Get in contact with them (if you really don’t have time to be hanging on the phone write a letter or email)

tenredthings · 09/09/2020 06:59

Dont worry the Tories have just given us carte Blanche to break the law so long as you did it in a limited and specific way.

FAQs · 09/09/2020 07:00

Just phone them! www.gov.uk/universal-credit/contact-universal-credit

bibliomania · 09/09/2020 07:02

Sorry about your brother. Don't worry too much - you inadvertently received an overpayment, which is fixable. Write a letter explaining the circumstances and asking how to make the repayment. Keep a copy of the letter and proof of postage (send by registered post). Safer than phone calls in case there's a later challenge.

Nottherealslimshady · 09/09/2020 07:04

You need to tell them when you started working and give them the money back. Why would you donate it? Give it back Hmm

PollyPelargonium52 · 09/09/2020 07:06

Can you do it online it should be easy enough.

Beautiful3 · 09/09/2020 07:09

They will ask for the money back. When they call then return it.

SD1978 · 09/09/2020 07:16

I don't understand why you wouldn't call/ email and return the money. Why the excuse of too busy and want to give it to charity? Call up, tell them it's a mistake, and the money is available to transfer immediately, if details are given. Giving excuses are juts that. Excuses. You don't currently plan to move back to the UK- which seems to be your partners justification for keeping it- but what if you do decide to go back? Return and move ons

ChickenwingChickenwing · 09/09/2020 07:23

@nnnnnnnnnnn

''They do appreciate evidence so be overprepared with proof of end of previous employment, travel, ID, addresses, bank statements and anything else you have that might support you.''

Why didn't they ask for that once I'd signed off today?

Because they did t think they needed evidence. As far as they were concerned you were simply ending the claim. Why would they need evidence? Now the situation is going to change for them they will want evidence.

CrazyToast · 09/09/2020 07:29

@Doyoumind I dont think theyre asking for journal stuff during covid. I havent been asked to do it at all.

Estrellente · 09/09/2020 07:30

I think you’re trying to tweak your story because you’re scared. And whilst I get that, it makes you come across as dishonest, and that’s the LAST impression you want them to have of you.

Write out a clear timeline. Bullet points. Have it in front of you when you ring, and ring them this morning. You’ll feel so much better once you’re on your way to sorting it.

And I am so very sorry for your loss, too. That is horrific Flowers

Blackbear19 · 09/09/2020 07:40

Op I'm really sorry about your brother. Flowers
Be honest, don't give the money away, it's not yours to donate, give it back to the Benefits Agency. Clear up the oversight.

If you don't clear it up and pay it back it will be on the back of your mind forever. You'd worry anytime you visited the UK that they'd get you at the border.

Lochroy · 09/09/2020 07:41

Sorry for your loss. Tell the complete truth without delay and pay the money back. You will have a clear conscience and won't then have it hanging over you.

movingonup20 · 09/09/2020 07:47

Sorry for your loss. They will simply ask you to repay anything you weren't due. Sometimes there's special arrangements for Ireland, but certainly you cannot claim from the day you started work, it's whether you can claim May, June and July - in exceptional circumstances you can go away for up to 13 weeks I believe

nervousnelly22 · 09/09/2020 07:52

I work for local government so have some experience. Honestly just call, get it on record that you've tried to fix it. They mask for it back now or they may not, get some sort of record like an email acknowledging that you have reported the mistake early and as soon as you realised.

Honestly you really won't be prosecuted in these circumstances. Include in your Report the reason for the (oversight).

However if you don't 'confess' now and it comes to light later (which it probably will) you are likely to at least get an additional fine (although probably still not prosecution tbh) and then you'll have to find the overpayment and fine money all at once!!

Honestly just sort it now and it won't be a big deal

Flynn999 · 09/09/2020 07:53

Dwp chased my 17 year old nephew for 1 weeks overpayment when his mum died, I doubt they will be happy for you to donate months worth of overpayment to a charity you see fit. It’s essentially tax payers money. Phone/email them and say you have now cancelled the claim but that you left the uk on x date and can they confirm how you can repay the overpayment.

Will they track you to Ireland? No idea. But if your so concerned over prosecution and have the money in your English account just pay the money back and be done with it.

Flynn999 · 09/09/2020 07:54

Also if you decide to come back to the uk in a few years time and need to claim again and they are aware of overpayments I’m not sure if this affects future claims.