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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To report sister to benefit fraud / police.

67 replies

Noodlehen · 03/03/2023 11:57

I have been out of the UK since 2017, and returned late last year.

I have a strained relationship with my mother and sister, and they live a life I do not agree with (won’t go into it all as will be here all day) I am now NC with them both..

in 2020 my sister text me and said that she had been claiming benefits in my name and she had done it the week before in a panic but she had tried to cancel it saying it was “an error” but she had received a payment that she would pay back. I told her to make sure if it was cancelled and if she hadn’t that I’d be reporting her for fraud. She told me that if I did she would go to prison and that she would kill herself and my nieces would be left without a family and it would be my fault. I told her that i wouldn’t if it was cancelled and trusted that she had cancelled. My mother also said that she was aware but that sis had cancelled.

fast forward to late 2020 I had a niggling feeling, called the universal credit hotline who confirmed there was a claim and reported it for fraud. Heard nothing back.

Yesterday, after reading a post on here about NI contributions I decided to have a look at mine, noticed contributions for the years I was out of the country. Today I’ve called UC again they have confirmed the claim is STILL going and that it has been open four years.

I have reported it again to the benefit fraud hotline and given her name, would it be unreasonable for me to report this to the police as identify theft? Is it even a crime? I seem to have shocking credit since moving back and I’m wondering she has opened catalogues or other credit accounts in my name too. When I left I had a good credit score.

i also don’t even understand how this has happened for four years, would she not need to go and sign on or something?

OP posts:
Chimna · 03/03/2023 14:00

ProfessorSlocombe · 03/03/2023 13:57

DH thinks I could get in trouble for this but I’m not bothered because I was stupid to trust her, so I’ll have to take the consequences if there are any.

From what you've written, you've done nothing wrong. However the DWP most certainly will not see it that way, nor will the police. And despite it being their job to prove you have done something wrong, they will try to make it your job to prove you haven't. And they won't be nice about it.

But the claim is still in payment. If she doesn't report it then she IS committing benefit fraud and could be charged accordingly.

ProfessorSlocombe · 03/03/2023 14:10

Chimna · 03/03/2023 14:00

But the claim is still in payment. If she doesn't report it then she IS committing benefit fraud and could be charged accordingly.

Oh, yes. The moment the OP became aware it was fraud, they are liable until they report it. This is where the authorities will get very aggressive, as their starting point will be the OP "must" have known. And it's impossible to prove what you don't know.

There is no nice way to dress it up. When the DWP and police can get their teeth into someone who turns up like this, they will. Because that's the job they have to do.

Puzzledandpissedoff · 03/03/2023 14:11

The claim is still in payment ...

But to the sister rather than OP I think?

I'm no expert in these matters, but would have thought the most they could come after OP for is abetting fraud - after all it wouldn't be the first time a relative's "helped" someone to make a false claim

Fortunately it looks as if OP can show she's been had; it won't be pleasant sorting it out, but on the whole it's better than leaving things to rumble on

Allblackeverythingalways · 03/03/2023 15:15

Noodlehen · 03/03/2023 13:52

Thank you so much, I will look them up. I think I will go to the police station on Monday, have everything printed ready to give them including me sending her my passport, DH thinks I could get in trouble for this but I’m not bothered because I was stupid to trust her, so I’ll have to take the consequences if there are any.

I don’t want to ruin the weekend by going today and having it all on my mind.

CIFAS
They were very helpful when I had my identity stolen.

daretodenim · 04/03/2023 07:11

If the police and DWP have to assume OP was in on this, and investigate then surely it will be clear at some point that she wasn't?

Or should she message - not call - her sister, confronting her with her suspicious about what she's been up to, to get a written response from her that in some way incriminates her (the sister)?

Poppyblush · 04/03/2023 07:24

Why don’t you go get your birth certificate first?

ProfessorSlocombe · 04/03/2023 09:41

If the police and DWP have to assume OP was in on this, and investigate then surely it will be clear at some point that she wasn't?

You'd think. Now just remember that it's the police and DWP you are talking about. And their starting point is there will be a conspiracy going on. Not unreasonably - the stats back them up. Trusting other people to "use common sense" tends not to end well. Sometimes you need to keep an keen eye on them.

Also once the fraud is acknowledged, the money will have to be paid back. By hook or by crook. Even if that ends up with a permanent earnings attachment. The books have to balance.

"Proving your innocence" isn't as easy as some people think. It why our legal system ultimately expects the reverse in court. You have to be shown to have done something wrong. Or to have admitted to it. Which is sadly very easy if you don't know what you are doing.

Noodlehen · 04/03/2023 12:37

daretodenim · 04/03/2023 07:11

If the police and DWP have to assume OP was in on this, and investigate then surely it will be clear at some point that she wasn't?

Or should she message - not call - her sister, confronting her with her suspicious about what she's been up to, to get a written response from her that in some way incriminates her (the sister)?

I already have messages. That’s how I found out when she told me back in 2020, the address hadn’t changed from her address that she lived in at the time. When I logged into check my pension contributions that was the first red flag, and when I called UC hotline that was the address they had on file for me. I gave her telephone number which matched the claim and I couldn’t confirm the email address and obviously they wouldn’t tell me.

I originally thought it would be pretty clear it wasn’t me, I’ve always had good jobs, have savings and haven’t lived in the UK since 2017 but now I’m not so sure. Dreading Monday, but it has to be done.

OP posts:
Noodlehen · 04/03/2023 12:40

ProfessorSlocombe · 04/03/2023 09:41

If the police and DWP have to assume OP was in on this, and investigate then surely it will be clear at some point that she wasn't?

You'd think. Now just remember that it's the police and DWP you are talking about. And their starting point is there will be a conspiracy going on. Not unreasonably - the stats back them up. Trusting other people to "use common sense" tends not to end well. Sometimes you need to keep an keen eye on them.

Also once the fraud is acknowledged, the money will have to be paid back. By hook or by crook. Even if that ends up with a permanent earnings attachment. The books have to balance.

"Proving your innocence" isn't as easy as some people think. It why our legal system ultimately expects the reverse in court. You have to be shown to have done something wrong. Or to have admitted to it. Which is sadly very easy if you don't know what you are doing.

She has never worked a day in her life, I doubt they will get it back off her. I assume they can’t deduct from her benefits.

I had a look and saw that the allowance is £334 a month? Why would you bother your hole risking a criminal record / prison / losing your children for £334 a month????? So she’s probably got around £13,000 from this? Over ~3 years! I can’t see how the risk would be worth it.

OP posts:
ProfessorSlocombe · 04/03/2023 14:02

Dreading Monday, but it has to be done.

As long as you are alert and paying close attention, you'll be OK. The trick is to remember that you are dealing with a system that is setup to not believe you and act accordingly.

Why would you bother your hole risking a criminal record / prison / losing your children for £334 a month?????

Criminals - almost by definition - aren't the brightest of bunnies.

Puzzledandpissedoff · 04/03/2023 14:07

I assume they can’t deduct from her benefits

They can actually, but for obvious reasons it's done very gradually

Good luck at the police station too ...

Pseudonamed · 06/03/2023 16:32

How did it go OP?

Noodlehen · 06/03/2023 18:43

Thank you all for your advice.

Myself and DH have been coming down with something and didn’t feel great today, so didn’t go into station. I completed the online form on met police site instead and the police station have just called and said they will be coming over today, that they are very busy and how long will we be up tonight? She couldn’t give a time but I said I’d be up but would rather an appt as I’m not well and resting.

I am even more nervous now, with my dodgy family we grew up to be sceptical of police and even though I’m obviously a reasonable adult and don’t hold the same views that we were told growing up I still feel very odd that I will have police in my house 😂😂😂 it is mad how you can be conditioned to have biases you don’t even realise.

OP posts:
Noodlehen · 06/03/2023 18:43

Ok, 8pm Wednesday they will be over. 😥

OP posts:
ShakespearesBlister · 06/03/2023 18:55

Don't be nervous. She doesn't give a damn how much trouble she's caused committing fraud in your name and damaging your reputation x

LakieLady · 06/03/2023 19:03

You've done the right thing, OP. I can't see that you're in any way culpable, the money hasn't gone into any of your a/cs and (presumably) your sister hasn't been sharing her ill-gotten gains with you. And you reported it as soon as you realised what was going on.

I hope it doesn't cause a rift with the rest of your family, although I suspect your DSis will be pretty pissed off with you.

OhwhyOY · 06/03/2023 21:05

So sorry this has happened to you OP. Definitely for the best to report her - and to check your credit reports to make absolutely sure she hasn't taken out other credit in your name (sadly she probably has, given what you've said).

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