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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I've been incorrectly claiming UC and need to come clean

169 replies

Helpneededpls · 29/08/2023 02:14

I will try to keep this as short as possible whilst giving all the relevant information.

2.5 years ago after I gave birth to our second child and I was on maternity leave (from self employment) I discovered that my then-DP had been having an affair. I also discovered, after he had done a runner in the middle of the night, that he hadn't been paying the rent. He had left me with over £2500 in rent arrears that I had no idea about.

I made a single person's claim for universal credit shortly after he left so I could try to remain in the flat and show commitment to the landlord. I had been self employed (in a low skilled position earning not much more than NMW) up until the birth of my second child and we had been paying the rent through our wages 50/50 on a joint tenancy. I had a small amount of savings put aside to contribute my part of the rent whilst on maternity and he was supposed to be covering the rest. He didn't.

Within a few months I'd had a complete nervous breakdown, developed a chronic illness, lost my dad very suddenly in a traumatic way and wasn't looking after myself properly. I wasn't coping with the children so to stop them being taken away (as i was convinced they would be) I allowed him to move back in when he realised the grass wasn't greener with OW.

So this is where I fucked it all up.

Because of what he'd done to us with the rent I had no trust left in him and did not want to have to rely on any contributions from him to keep a roof over our heads. He had shown me that he could dissappear in the middle of the night, literally, and pull the rug from under our feet at a moments notice - yet I was genuinely unable to work and felt as though I needed him around as I wasn't capable of being a "good enough" mum without his support.

There are reasons for that which has its own backstory, not entirely relevant to the thread but I will go into it If necessary. Long history of abuse stemming back to my childhood and the associated MH problems and lack of self esteem you'd expect from that. However mainly it was the fact that our eldest child is disabled which makes the usual parenting struggles 10 x harder. There have been many times I have felt that I just couldn't go on and was thready to throw the towel in.

I didn't feel, or atleast was made to feel that I wouldn't be able to do any of it without him and had convinced myself, with some help from him I'm sure, that i would lose the children in one way or another.

So, I reasoned with myself that because we weren't a "proper" couple IE no longer shared a bed and I only had him there for support with the children somehow that made it OK. Of course I realise that it doesn't and I was just deluding myself so I could sleep better at night and bury my head in the sand. I'm almost certain that it would be seen as LTAMC after looking into the criteria and examples as he does contribute to the household in terms of shopping and giving me money for things the children need, food etc.

A handful of times I sat him down and said I wanted to update the claim to reflect the fact he was living with me and he was always vehemently against it. This is obviously because he doesn't want to be responsible for supporting us financially and still has one foot out of the door.

I can understand that really as there's no love/affection/intimacy between us and we are living as friends who get on one another's nerves half the time. We haven't shared a bed in years. He is either on the sofa or, his preference, an inflatable mattress in the living room. I was in touch with women's aid some time ago with regards to emotional abuse throughout the relationship and actually with the benefit of hindsight and counselling I think he has only ever contributed to my mental health problems.

With all that being said, he doesn't have great prospects when it comes to being able to afford and finance accommodation for himself. He's a low earner (only just above NMW) and we live in an expensive part of the country that he would never move away from. He would be able to afford a room in a house share, at best, so of course this current arrangement suits him just fine. It would, wouldn't It? In all likelihood he would go and lodge on his DF's sofa and probably use that as an excuse as to why he can never have the kids because you know, cock lodger

As is usually the case when somebody buries their head in the sand, things have snowballed. The longer it has gone on the more worried I've got and It has gotten to the point now that I am more scared of going to prison than I am of being on my with the kids. Either way I'm screwed.

So what the hell do I do now?

Do I come clean to the DWP and hope to god that goes in my favour? This is what I'm leaning heavily towards although they would understandably stop my benefits and no longer pay the rent. He doesn't earn enough to even pay the rent himself as it is £350 more than his total monthly take home so eventually I would lose the flat anyway.

Do I tell him I don't care what he says and I'm adding his details onto the claim as of now so that atleast from this point onwards the amount reflects what the actual entitlement would be? That would probably trigger an investigation in itself.

Or do I get him to move out and just say nothing at all repay my debt to the community somehow? This is the option I'm least in favour of as it's just more burying my head in the sand, isn't it? But I'm scared.

I think whatever happens I'm going to lose the kids as if I go to prison he isn't going to take them on himself. He's obsessed with working nights and his DF would never let him have them there. There's no way the landlord would ever let him back on the tenancy here.

I think I'd benefit from speaking to a solicitor so I'm going to make some enquiries and see whether this free 30 mins consultant we hear of is really a thing.

On an ending note I just want to say that dispite claiming incorrectly, at no point have I been living lavishly. I don't have flash technology, I don't smoke or drink, no nights out, all of my clothes are second hand the cost of living has absolutely flattened this household in spite of his wage coming in. I don't see the vast, vast majority of it or even know what he spends it on.

The shit part is - if I would have altered the claim to reflect him being present at the earliest opportunity we would have almost certainly been entitled to some financial help as he's a low earner. Of course I let him convince me that we wouldn't be but I've done my research now and know that we would have.

I've donned my hard hat and will accept the inevitable bashing as its nothing less than I deserve, although I am hoping for some genuine advice in amongst it for how I sort out this whole mess in the way that's going to cause the least amount of fallout for my DC.

Thank you 🙁

OP posts:
reallypuzzledoverthis · 29/08/2023 02:19

Alter your claim and say he is there from last week, it’s not right but it’s damage limitation at this point - if you went to prison could he cope with the children or if you had to pay it back can you actually afford to?

Oxborn · 29/08/2023 02:20

Just tell him to leave

shitt · 29/08/2023 02:22

Just update the claim. If it came down to it, the court or DWP won’t pay attention to the sob story (not to be horrible- but it wouldn’t prevent them from following the law)

shitt · 29/08/2023 02:25

I think you’re building up things in your head way too much. How can you afford a solicitor if you couldn’t afford to make the right uc declaration? It doesn’t make sense.

What you need to do is update your claim and report you are living with a partner and use the correct date he moved in. They won’t stop your benefits. You will be part of a joint UC claim again, and will get what you’re entitled to. From there, they will deduct any overpayment on a monthly basis ie at an affordable rate.

Helpneededpls · 29/08/2023 02:27

I don't think he would be able to cope with the children on his own no. He has ADHD and is on a waiting list for an autism assessment, those two factors in themselves don't necessarily mean somebody won't manage but I know for certain that he won't. He gets totally overwhelmed, doesn't cope with things like the school mornings / run etc.

It would be disastrous if he was left on his own with the DC and I'm convinced he'd surrender them to the care system himself.

I fully understand that DWP won't care for a sob story btw and I know I deserve everything I have coming to me, I just wanted to paint the full picture so people can see that this didn't come about from a desire to profit financially.

OP posts:
Helpneededpls · 29/08/2023 02:29

RE could I afford to pay it back - so long as they would accept a payment plan I'm sure I could however long it might take me.. I'd definitely commit to it but it would take a long time.

OP posts:
shitt · 29/08/2023 02:32

I know I deserve everything I have coming to me, I just wanted to paint the full picture so people can see that this didn't come about from a desire to profit financially.

there you go, spinning a dramatic story and feeling sorry for yourself. To be frank, you have committed the most common form of benefit fraud - the DWP won’t bat an eyelid. They just want to ensure you get paid the right amount. They are not going to send you to prison. No one even thinks you profited financially, as you’ll be paying back anything you’re not entitled to. There you go, case closed. No need to be dramatic and talk about losing your home or losing your kids, the reality is you will just repay the funds at £10 a month or something ridiculous. You’ll barely get a slap on the wrist.

shitt · 29/08/2023 02:37

All you need to do is update your claim and potentially add a journal message explaining if you think the backstory is relevant. They will calculate your couple claim allowance and you’ll be paid that going forward. They will calculate any arrears and post a letter in your journal detailing how much was overpaid and your options of appeal. They will have contact information for you arrange payment plans or deferrals. And that’s it. No police, no prison, no stopping of benefit, no losing your home, no losing your kids or whatever you built up in your head.

shitt · 29/08/2023 02:38

No debt collectors either. They’ll just recover from your future benefit payments. No impact to credit rating. No fraud investigation is likely either.

LordSalem · 29/08/2023 02:39

Get him out. Asap. Today. This wavering about is down to him not you. Get him gone for good and stick with the claim you're under. No point letting his flakey arse get you in trouble.

LordSalem · 29/08/2023 02:42

Do you have a joint bank account? How has his money been coming in? If it is, end it. He can pay child support like any other father from his account to yours, and if he doesn't get the CSA (I know they're shit but sometimes it clicks into place) to deduct it from his wages. Main point here, get him out now. Separate your finances. You have a chance at this not being discovered if you go forward with extreme care.

Helpneededpls · 29/08/2023 02:42

shitt · 29/08/2023 02:32

I know I deserve everything I have coming to me, I just wanted to paint the full picture so people can see that this didn't come about from a desire to profit financially.

there you go, spinning a dramatic story and feeling sorry for yourself. To be frank, you have committed the most common form of benefit fraud - the DWP won’t bat an eyelid. They just want to ensure you get paid the right amount. They are not going to send you to prison. No one even thinks you profited financially, as you’ll be paying back anything you’re not entitled to. There you go, case closed. No need to be dramatic and talk about losing your home or losing your kids, the reality is you will just repay the funds at £10 a month or something ridiculous. You’ll barely get a slap on the wrist.

I've read about lots of people sent to prison for benefit fraud though, some of which were IMO alot less culpable than I am. Cases where there is an abusive partner who is actually driving the fraud ..and the woman still goes to prison.

Cases where somebody genuinely didn't realise they had done anything wrong.

As pointed out, nothing in my explanation excuses the fact I've done it. I'm bang to rights and I'd be amazed if they didn't send me to prison. Why shouldn't they? No amount of sob stories change my culpability and I wouldn't expect any of that to be taken into consideration in court.

I've made a point of giving the full context here only so the replies I got weren't driven by the assumption that I set out to profit.

I'm not completely stupid. I know the courts wouldn't care about things like that.

OP posts:
porridgeisbae · 29/08/2023 02:47

@Helpneededpls I wouldn't come clean at all- how would that help you and the kids? Sounds like you don't need any more stress. Don't let this guy damage your future any more than necessary.

You wouldn't go to prison, anyway, that has to be for serious and unusual stuff like inventing large numbers of claimants who don't exist. What you've done is really common (and understandable in your circumstances.)

You need to find a way of getting this guy out of your life as safely/smoothly as possible. Just focus on that. x

Helpneededpls · 29/08/2023 02:50

We have no joint bank account no, our finances are completely separate and always have been since day 1.

When he left I had everything transferred into my name, so that's the tenancy, energy, gas. He changed his address with his bank and other things to his dad's address as that's where he was staying whilst seeing OW.

What he does do is transfer me some money every time he gets paid and that is his contribution to the food shopping and anything to do with the children. If DWP were to look into my banking they would see that.

The reason he does that is because even when we were both working he would always waste his wages within a week and I would have to carry us on what I got alone. He's terrible with money. After a year or so of having to carry us both for atleast 2 weeks every month I put my foot down and said he needs to give me his contribution directly and I will do the budgeting.

OP posts:
porridgeisbae · 29/08/2023 02:51

I've read about lots of people sent to prison for benefit fraud though, some of which were IMO alot less culpable than I am. Cases where there is an abusive partner who is actually driving the fraud ..and the woman still goes to prison. Cases where somebody genuinely didn't realise they had done anything wrong.

Are you reading this on some facebook group? Remember unless you're on the Jury of something, you don't know the facts of what you're being told. Virtually everyone in prison claims their innocent.

Weird things happen but it's really rare.

Keep your head down and move on.

wannabetraveler · 29/08/2023 02:52

Dont be so hard on yourself. You were in very dire straits and you did what you felt you had to in order to keep your children housed. I'm sure the consequences won't be anywhere near as grave as you fear. Best of luck sorting it all out. In the grand scheme of things, it's really not that bad.

Saoirse82 · 29/08/2023 02:54

Update the claim or tell him to leave. I honestly wouldn't come clean because your benefits may be stopped for a long period of time til it's paid back and I think your reasoning for not updating the before now is valid.

Helpneededpls · 29/08/2023 02:55

porridgeisbae · 29/08/2023 02:51

I've read about lots of people sent to prison for benefit fraud though, some of which were IMO alot less culpable than I am. Cases where there is an abusive partner who is actually driving the fraud ..and the woman still goes to prison. Cases where somebody genuinely didn't realise they had done anything wrong.

Are you reading this on some facebook group? Remember unless you're on the Jury of something, you don't know the facts of what you're being told. Virtually everyone in prison claims their innocent.

Weird things happen but it's really rare.

Keep your head down and move on.

I did some searches on mumsnet, reddit etc for benefit fraud and came across quite a few articles and anecdotes where the courts had taken a hard line and made an example of people.

I don't know anybody personally that has been through the system for it so my only reference is what I see online really. I think if I was part of the prosecution looking at my case I'd probably throw the book at me as it's all just very cliche isn't it?

OP posts:
porridgeisbae · 29/08/2023 02:56

You're not partners and for official purposes he lives at another address. You'd be very unlikely to get in trouble with the DWP if you throw him out ASAP @Helpneededpls .

They don't tend to look at things that happened in the past and are over.

porridgeisbae · 29/08/2023 02:57

The sooner you permanently send him back to the address he's registered at, the sooner you can stop worrying about it.

pilates · 29/08/2023 02:58

He needs to go asap and live back with his DF. He can still see the kids. I can’t see the benefit of him living with you tbh. What happens if you do meet someone else?

truthhurts23 · 29/08/2023 03:01

kick him out, he isn't contributing at all and you are the one who will have to pay back the incorrect claim

my ex and I split up, he cheated, I was pregnant with no support
he would sleep in the house a few nights a week and leave every morning
I had a c section and needed him there for the 1st month or 2
I paid for everything, the rent and the bills and food shop, had proof of that on my bank statements
sometimes he would contribute towards nappies or top up the electric which was peanuts

DWP called me in to question me because he was on the birth certificate(regretfully)
they didn't buy my explanation about us being separated and they still took his income for those months into account
and we weren't having sex either, we didn't even like each other,
i just felt like he should be around to bond with dd ,

6 years later I am still paying back the debt, it came up to thousands of £s and he didn't have to pay a penny
trust me its not worth it

you should kick him out because a roof over your child's head is more important and if he is not providing for you and the kid he needs to go

CornishBarbie · 29/08/2023 03:05

Can't believe how harsh some responses are and the lack of empathy. Op he sounds so abusive I'm not surprised you have built things up in your head. Are you okay aside from this? Please follow the practical advice here and update the claim. I'm so sorry to hear about your dad and chronic illness from a nervous breakdown also. When things like this all happen at once it's not always possible to reflect and get everything right. My inbox is always open, you're far from dramatic

Andthereyougo · 29/08/2023 03:06

Either a) tell him to leave, see him out the door and leave your claim as it is
Or
b) Update your claim as he’s just moved back in.
No one benefits from you being prosecuted. You were dropped in the shit and did your best.
And your children being in care but not only ruin your life and their lives but cost the country far, far more.
Take a breath, make a choice a or b and get on with your life.

Helpneededpls · 29/08/2023 03:07

pilates · 29/08/2023 02:58

He needs to go asap and live back with his DF. He can still see the kids. I can’t see the benefit of him living with you tbh. What happens if you do meet someone else?

I did meet somebody earlier in the year but it didn't go anywhere unfortunately.

I do know that that irrespective of the fact we haven't had sex or shared a bed in years XP still sees us as a unit to some degree as we share a home and co-parent under one roof.

I think that's how DWP will view it too, that it doesn't matter if we don't sleep together we're still for all intents and purposes a family.

OP posts:
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