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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Dilemma, on possibly benefits cause of lack of disclosure on personal circumstances

79 replies

thosetalesofunexpected · 04/11/2020 10:49

Hi everyone,first time posting,recent lurker.My dilemma is for a while I have been receiving PiP benefit and universal credit benefit, due to having RA, had to give up my my houshouskeeping job at a well known budget chain hotel nearby,cause of of my health deteriated.
My ex,children's father became my unofficial Carer.
My health has improved thankfully.
Unfornately my children's father's health has reversed,to the extant he was sectioned briefly,still suffers from very severe mental health issues,and has been in an out of hospital with strokes,has recently only just come out,
My dilemma is only recently found out that he has not informed,the energy companies that he had stopped living at his previous address,as he became my unofficial carer,
Do I inform the energy companies that he stopped living there a while ago?at the risk the energy company to validate,check up to see if this is true,at the risk social security will find out and penalise us in some way,benefit wise, cause of lack of disclosure of this infor before, (would social security/H M Agency be reasonabe,so we only pay minimum payments back to them? Or do I leave this infor out to energy company and ullity company obviously don't run the risk of social security being informed,

Would really appreciate if a staff member from social security benefits agency and HM tax Agency could get in touch,with their advice please,

How would our personal circumstances issues,affect my children's father state pension and my PIP benefit and universal credit benefit payments ?
ps any useful advice,infor be appreciated,thanks

OP posts:
thosetalesofunexpected · 04/11/2020 13:34

Hi
Yes his stay at this care nursing home is long term, permanet.

OP posts:
TooTardy · 04/11/2020 13:45

@aztecnik

If he was your ex and helped care for you then how is it benefit fraud?

He is your ex.

I wish I were so naive. It must be so comforting.

Their relationship status has absolutely nothing to do with payments/benefits etc. If another person lives in her house with her and she claims to be living as a single person/parent the DWP have the right to investigate. The fact that he won't have used any utilities for a year proves he was not living at his own address. It is irrelevant that mail is still addressed to his own address. Also, there are 1,000s of properties that aren't lived in where utilities/council tax still have to be paid.

You need to declare this to DWP asap. If it was a genuine mistake, tell them that so they can investigate.

I hope you can clear this up. The stress relief will be amazing.

Good luck

(Was a fraud examiner prior to stopping work through ill-health)

Handsoffisback · 04/11/2020 13:47

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Thelnebriati · 04/11/2020 13:51

Don't contact anyone or inform them of anything until you can give a clear account with a timeline and dates.
Your account is too confused for anyone to understand the situation and you could end up having your benefits suspended while they investigate.

If he was not your partner when he lived with you, and is not living with you now, you are not responsible for his utility bills.

Its possible you received an overpayment of UC while he lived at your house, but it wont affect your PIP.

If you decide to report the overpayment and ask to repay it, you need to get help from a benefits advisory service or Citizens Advice before you contact the DSS with a clear account and timeline, and without any of the unnecessary information.

Kcar · 04/11/2020 13:52

Is the issue that you’re being investigated as being a couple, and because he wasn’t paying any bills at his own house, it looks to HMRC/DWP that you are a couple and you can’t prove otherwise?

KnobJockey · 04/11/2020 13:58

Why do you need to tell anyone? It sounds to me like:
He didn't claim any extra benefits for caring for you, and still had, mortgage, council tax, bills for his house
You didn't take any money off him towards bills, didn't change any claim for him being there.

Nobody was benefitting, and he technically still lived elsewhere, as he still has bills there, and was just staying at your house. I really would just look at how to help him clear his arrears, and keep quiet.

AwaAnBileYerHeid · 04/11/2020 14:00

Whatever the situation is, just be honest about it. It really isn't worth the worry and stress and having to look over your shoulder. Youll need to remember where he/you said he was staying and dates and trying to get your stories matched up when the authorities ask. It's really not worth the hassle.

thosetalesofunexpected · 04/11/2020 14:08

Hi
As I was really struggling to walk anywhere,cause of RA, was severe hence I have been sleeping downstairs on settee.

He was sleeping upstairs in my grown up son's former bedroom as my unofficial Carer.

OP posts:
Kcar · 04/11/2020 14:15

Why are you so focused on him being your unofficial carer?

HibiscusNell · 04/11/2020 14:15

Sounds very messy and dodgy. Did you actually declare you were living on you own when he was living with you? Is it something you have to confirm annually?
There are some very knowledgable posters on Mumsnet but it’s sometimes hard to work out who knows what they are talking about and who is talking bollox. I think you need to contact a charity or organisation that can give you proper advice. They will be able to go through everything with you properly.

I’d also consider contacting DSS and also the council if you have been claiming a single persons discount for council tax ( not sure if that’s relevent or not). It sounds like you’ve been overpaid.

Orangeblossom7777 · 04/11/2020 14:17

I think you are worrying and fixating on this sometimes that can happen when you are anxious.

Just do what really needs done regarding the bills for example stop a payment if needs be- it all sounds overwhelming. You don't need to explain further.

Poppingnostopping · 04/11/2020 14:21

Having read this again, I don't think you need to do anything. You aren't responsible for him not informing energy companies of where he lived, and you can't anyway access those accounts, for data protection reasons.

You have no reason to inform anyone of anything, he's not your carer now and he's moved into a care home, it's up to him to sort out any paperwork relating to last year (or his carers or advocate).

The best thing you could do is to keep quiet and leave him to manage his own affairs. Morally there may be an issue or not with what happened last year, but there is nothing to report now and nothing for you to action, just let it all go and have no contact with him except to arrange access arrangements for the children (if they see him).

You don't have to be entangled with this man any longer, think of it all as a lucky escape.

Haffdonga · 04/11/2020 14:31

Yes I agree that maybe MN is not the right place for this for a number of reasons

Make an appointment with Citizens Advice Bureau.

thosetalesofunexpected · 04/11/2020 14:42

Hi
At the mo,I am unaware,if we are being investigated,officially,

I am just trying to see what's the best way forward to sort this dilemma out.
I really appreciate all the advice,
Certainly thought provoking.

OP posts:
AnotherEmma · 04/11/2020 14:46

Hi OP, I work for citizens advice and I strongly advise you to contact your local citizens advice to get professional guidance on this. Please don't rely on mumsnetters, as well meaning as they are, because benefit rules are complex. I'll give you my advice but please do contact citizens advice so you can get advice via an official channel.

Firstly, your PIP is not affected by your personal circumstances or finances. Your eligibility is based on your health conditions and disabilities only. So don't worry about PIP.

Your Universal Credit might be affected. The key question is whether or not you and your ex were in a relationship (romantic/sexual) when he was living with you. If you were, you would be treated as a couple for benefits purposes, you would have to make joint claims rather than single claims, and both incomes (plus any savings, capital etc) would be taken into account. But if he was just living with you as your friend and carer, you would not be treated as a couple for benefits purposes, and could both continue to claim as single people. If there was any question about the nature of the relationship, the DWP would want to know things like whether you slept in separate bedrooms, whether you had separate finances, etc. But assuming that you did keep things separate, there shouldn't be an issue.

However, him living with you would usually affect the following:

  • Council Tax. If you were the only adult in your home, you would usually get 25% single person discount. While another adult is living with you (whoever that adult is, whether a partner, friend, relative or lodger) you lose the 25% discount. That means you have to notify the council when another adult moves in and again when they move out. If you're claiming council tax reduction (which you probably are if you're on UC?) then you would need to update the claim. With two adults you would usually each be responsible for 50% of the council tax bill, so your CTR might be reduced accordingly.
  • Severe Disability Premium (SDP) which you only get if you're living alone. However, you wouldn't be getting it anyway, as it doesn't exist under UC.
thosetalesofunexpected · 04/11/2020 15:16

Hi
Just wondering @AnotherEmma ( citzens advice support worker,

what does the term CTR mean?

OP posts:
AnotherEmma · 04/11/2020 15:25

CTR = Council Tax Reduction
Some councils call it Council Tax Support

Hoppinggreen · 04/11/2020 15:27

I expect OP keeps saying he was her carer to demonstrate that they weren’t in a relationship. However, if he lived there and financially contribUted am not sure that matters

Whatamesssss · 04/11/2020 16:13

The Severe Disability Premium is ONLY paid if you claim ESA, live alone and receive the higher element of PIP - daily living component.

They SDP doesn't exist under Universal Credit.

Are you on Universal Credit or ESA?

NetflixWatcher · 04/11/2020 16:20

Op it's not that bad. Just contact the CAB. You are not a couple so you are fine.

NetflixWatcher · 04/11/2020 16:22

If hes paying CT at his house then the CT will be fine if not you shouldnt have got the single persons discount. If you've been overpaid the CAB will help so you can pay back the flat rate. But your UC is fine and PIP is fine. Just check your HB and CTR.

thosetalesofunexpected · 04/11/2020 16:28

Hi
Yes indeed I am on universal credit. Benefit..

OP posts:
canigooutyet · 04/11/2020 16:30

So he owns his property and due to the health of you both he hasn't lived there for about a year.

During which time he wasn't paying gas, electric and CT?
It is up to him/his next of kin to contact those people and start making payments. If he hasn't got savings, then he can come to a payment plan - he needs to go through his finances to find out how much he can reasonably offer.

My adult dd moved back in for a few months last year as my carer. I had to inform benefit because of the single person element. Also had to let CT know and HB.

We were very careful to keep finances separate and although it might have been easier for her to use her card to pay for gas/electric, it would have been a nightmare.

Kcar · 04/11/2020 16:36

You can’t get severe disability element if you’re on UC.

MiddlesexGirl · 04/11/2020 16:38

When you were living together were you effectively a couple again .... shared finances, living arrangements etc. If so that will have more of an impact on the overpayment of benefits than simply moving in to be your carer.

I'm confused you say SDP and UC. This shouldn't be possible (unless you are one of a small group of people who were incorrectly put on UC and should be getting some compensation for that).
Regardless, at the point of ex moving in your entitlement to SDP would end, even if not a partner, unless ex fulfils certain criteria. Citizens Advice will help with all of this and will be able to help you calculate any overpayment and the rate at which they would be paid back.

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