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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Benefit issue

55 replies

Humbled3 · 18/01/2022 01:12

Am I being unreasonable to offer to pay back all the money (£9000) that I was paid for wrongly claiming for UC? Was barely breaking even with my rental property, didn't realize I should have declared it as part of income, regardless. Am I right to feel scared? Just got a job after losing two in a short space of time due to death in the family and kids feeling suicidal. What do I say to make dwp not prosecute. I feel sick to my stomach and I can feal my chronic illness flaring up. Please advise what to do.

OP posts:
Humbled3 · 20/01/2022 01:08

Thanks everyone. There are sitting tenants with contracts.
@theHoptimist, yes I pay income tax on the property.

OP posts:
Humbled3 · 20/01/2022 01:11

@Suzi888, thanks. What's the difference between Compliance and fraud investigation please?

OP posts:
LumpyandBumps · 20/01/2022 01:34

It would be worth speaking to CAB or similar organisation for up to date advice, and possibly for negotiating with the DWP.

I worked as a Decision Maker in income related benefits for many years, but didn’t deal with Universal Credit.

I have checked the online legislation today and I think that the property is treated as capital.
Equity is calculated by using your estimate of value, if it seems reasonable, or by using an independent valuer if the value is in doubt, or very close to the capital threshold.

The valuation should take any tenancy into consideration when the assessment is made.

Once the value has been established an allowance of 10% of the value is deducted to allow for selling costs, and then charges secured in the property ( mortgage and any secured loans) are deducted.

For example if the property was valued at £150,000 then £15,000 would be deducted leaving £135,000, and if the mortgage was £100,000, the net value would be £35,000. This would be added to any other capital.

Capital of over £16,000 would mean that there is no entitlement to Universal Credit.

If there is no entitlement to Universal Credit then the whole sum paid to you would be treated as overpaid.

A previous poster has mentioned putting the property on the market, which could mean that the value is disregarded for a period of up to 26 weeks. That disregard starts when action is taken to market the property, so might help you with future payments, but not with the past overpayment.

It is incredibly unlikely that any prosecution will be considered. There is a high standard of proof that the person claiming benefit was aware of the rules and deliberately made a statement which they knew to be incorrect, in order to bring such action.

It seems likely that you will be asked to repay, but if you cannot do so in a lump sum you can normally pay by instalments.

Humbled3 · 20/01/2022 10:34

@LumpandBumps , many thanks for your advice.

OP posts:
Thoosa · 20/01/2022 15:10

[quote Suzi888]@Thoosa I doubt it. I processed benefit for 15 years. Rental income is 100% taken into account unless you own the property and don’t rent it out. Even then chuck it on the market and it’s disregarded for 26 weeks….
This is not a fraud investigation, it’s compliance. 🙄[/quote]
That’s confusing.

Multiple posters upthread are saying that under UC rules, BTLs are considered as capital and not income.

I know Tax Credits were different because I used to have a friend whose “job” was a BTL flat, and declared that but still got something from TCs (no idea how much). She has a disabled child so was delighted with that system (and the royal disregard of her unusually high CM).

No wonder people are falling into elephant traps with so much contradictory opinion and misinformation floating around.

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