Carers allowance - help. I think I’ve FU

[Littleme2023]

Soooooo. I have just received a letter from DWP saying that my NI number shows that I’ve been working. Which I have, no problem there so I thought.

I claim carers allowance for my child with a severe learning disability who is now settled in school and I had found a great job that works around these hours. I do give the 35 hours of care a week required to receive this and my child absolutely meets the threshold for me being registered as a carer as well.

For reference, I moved house, got married and started this job all within 3 weeks of each other and in this time I have simply forgotten to make DWP aware of my job. I of course accept this is my mistake.

I’m still remembering things now that I haven’t informed of change of address/name etc - but less important such as opticians, dentists etc.

I know the rules around what you are allowed to earn and my contracted hours put me well below that. I have however done quite a bit of overtime which has taken me over the weekly allowance but nowhere near what I’m allowed to earn annually. I was aware of this and have been keeping an eye on the amount and if I’d gotten close to the amount would have contacted them to make them aware I needed to stop my claim.

Also the job started off as 10 hours a week and has just sort of grown as I’d covered for someone who has been off and then someone else etc.

I had googled and it had said if you earn different amounts it’s averaged out and works that way. So I’m £2000 away from that annual limit. (Started the job October last year)

Has anyone been in this position? It says on the letter about if you’ve received too much you need to pay back - completely fair I get that. But it also mentions prosecution and I’m really worried about that part.

I’m filling the form in and will of course be completely honest. I can work out a way to pay back anything if I need to. But am just so stressed about a possible prosecution which will mean a criminal record.

Dows anyone know what may happen to me?

I’m sure I’m under the ANNUAL amount but I am for sure over the weekly amount and where I’ve fucked up, is by not making them aware. It hasn’t been my intention to be deceitful. Just a forgetful and busy mum of four trying to get back into work.

We receive no other benefits than child benefit if that makes a difference.

Expecting a hounding here because of some peoples views on benefits and I accept I should have just made a call earlier but here we are. Just hoping someone can be clear on what may happen next.

Help

This happened to a friend of mine some years ago. To be prosecuted it needs to be intentional, not a mistake. If you explain that you were aware of and tracking the annual limits, but weren’t aware of any other limits, and pay back anything they say you owe, it won’t be in anyone’s interests to prosecute.

I was also overpaid UC due to a mistake I made. That’s also one you can be prosecuted for. But I rang up, explained my mistake and how I’d made it, and they set up a repayment plan. Try not to worry too much.

Thank you so much for getting back to me. The job has grown quite quickly and I was earning £280 a month to start with but after that have earned anything between £600 and £1300 but as I said, I’m £1800 (worked it out exactly after posting) away from the limit.

I will of course be completely honest and as you’ve said I think I will be expected to just pay anything owed (after Googling I’m thinking all of it) and pray/hope that they don’t take it any further.

I think where I will look “deceitful” is that I didn’t let them know I’d even started working or the amount. I’m looking at it from their point of view and worry it will look bad. Which it does. But we honestly had so much going on at once I genuinely did forget until the letter came through this morning and Sod’s Law the letter has come today so they’re closed until Tuesday 😩

Very very unlikely you will be prosecuted. Just send them everything they ask for and complete all forms honestly and you will be fine.

Ok. Thank you. I think I’ll have to pay it all back and I can put that on the credit card and worry about it later.

Its the criminal record part I was stressed about. I mean paying the money back will be stressful but it’s fair enough.

It mentions a fine as well so that may be something I have to deal with. Just wish I could speak to them on the phone as well because the form is a bit confusing but I’ll have another go at it later when the kids are in bed and I feel a bit calmer.

Thank you again.

I had to let them know every week if my earnings went over the threshold that week.
It was a pain because like you I was below the yearly threshold but not always weekly and they kept stopping it and making me reapply.
Speak to them and explain because it's unlikely they will prosecute but will try make it complicated.

If they ask you to pay it back, it won't be all at once.
The DWP don't prosecute people who have made genuine mistakes.
Just get back to them and explain everything.

Oh that sounds like such a pain in the arse. It’s so stressful having to apply for carers and DLA. I’d rather not receive the money even though it really does help towards the cost of living and life in general etc.

My job is a term time job so for 13 weeks a year I don’t earn anything, hence such a change in my wages. When we have two weeks off my wages are low, when the pay period falls in a run of term weeks it’s high.

But I’m only actually contracted for 10 hours a week.

However they have mentioned a years contract for September so I think the best thing will be to cancel the claim because I’m likely to go over in the next two months anyway.

But it will mean that during 6 weeks etc we’ll essentially be down to one wage.

Thank you for getting back to me.

There's no need to cancel the claim until you're actually over the threshold.
Ask them about this when you phone them.

BTW Are you entitled to UC?

Ok, I will try to speak to them on Tuesday when we have the strike day. It’s very hard with my child because he is so demanding of my attention, he is non-verbal and screams a lot so things like phone calls are nearly impossible when he is here. I do remember trying to call them about a change of address and it was a nightmare so I did it online but that was before I had started the job so didn’t let them know about that at the same time.

I’ll fill the form in and send it back after that and see what they say.

From what I’ve googled (should have done this earlier) I think I would have had to have it agreed with a case manager to do this and because I haven’t done that first it might not be possible?

No, my husbands earnings take us over the threshold.