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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:
porridgeisbae · 29/08/2023 03:08

So out he goes. You can do it OP, you don't need him. x

Helpneededpls · 29/08/2023 03:14

I'm going to get some sleep but will check in later this morning, thank you all for the replies and advice I will get back to anything I've missed

OP posts:
Weatherwax13 · 29/08/2023 03:17

Absolute first priority. Kick him out. Get help to do so.
Do not report anything.
If anything is ever asked, you can say yes he stayed there sometimes to see the kids. And because you were frightened of stopping him.
If you're asked did he give you money?
Yes, he paid bits and bobs towards the kids.
Everything's in your name. He can't prove otherwise.
You don't need further punishment OP. And neither do your kids.
Try to reign in the panic and think this through clearly.

pilates · 29/08/2023 03:19

Yes DWP will view you as a family unit. You need to put yourself and kids before him and show him the door. It will alleviate a lot of stress from your life. The negatives far outweigh the benefits of him living with you.

TheGirlFromTomorrow · 29/08/2023 03:22

My friend is a lawyer and I'm pretty certain he'd say to keep quiet about it if no one knows. I've discussed previous MN legal cases with him and, while it's certainly noble to own up (and PPs definitely badger for this), it's also really not smart to make it known you may have committed a crime.

If anyone does ask, you weren't in a relationship. That's pretty much the truth anyway. It sounds like you've got more than enough problems with him on your plate as it is. Sufficient unto the day and all that.

Tbh, if I were you, I wouldn't be changing that claim for anything. Secure housing and finances are more important than a relationship.

ElEmEnOhPee · 29/08/2023 03:24

When I got back with an ex if I remember rightly he could live there for 3 months before informing them anyway so I did leave it the 3 months because things were very on and off (this may have changed so check it). I told them the correct date he moved in and they just joined our claim and were fine about it. I wouldn't worry too much although sounds like you're better rid of him than updating your claim. If you're sticking it out though just tell them he moved in a couple of weeks ago, they won't investigate that without good reason ie someone grassing you up.

Oh and yes people go to prison for benefit fraud but the amount usually has to be a lot. A family member got caught for £25k and they had previously been in prison several times and had an extensive criminal record, they have to pay back £5 a week/month. Prisons are full and it's unlikely they'd through you in prison when you have a child too.

Don't continue doing it any longer though, it's not worth the stress and the criminal record. Just update them in the morning and forget about it.

Seddon · 29/08/2023 03:43

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.

I have some expertise in this area and this would be my advice too. And the benefit element is only a small part of it - this is the best way forward for many other reasons.

And yes, if anyone ever asks, you were in no way a couple. If they don't believe it they can prove otherwise.

MinnieTruck · 29/08/2023 04:05

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

Wow! I’m quite surprised that this happened. Did someone report you to DWP or did they randomly call you in to start an investigation? I’ve never heard of this happening unless someone’s been reported

Natsku · 29/08/2023 05:26

I would kick him out if I were you and claim child support, that would be the best option. If you really won't do that, then update your claim as if he's moving in now. As you're not actually a couple can you charge him rent as a lodger? Maybe if you suggest that he'd prefer to move out anyway and save you the trouble of kicking him out!

AuntieEsther · 29/08/2023 05:33

jesus stop beating yourself up about keeping the solo claim and kick him out. I understand perfectly why you kept the claim and I can see your only mistake was letting him get his nasty cocklodging feet back under your table.
Just kick him out. Get him gone. Keep your solo claim going and manage your own life without him dragging you down. Do not come clean to the DWP for goodness sake.

Bingbangboo64 · 29/08/2023 05:42

He sounds pathetic why is he living with you? He is using your home to avoid any responsibilities of his own and to avoid paying for his own place and bills,nothing to do with adhd/autism, hence why he dosent want to be added to the claim because uc will expect him to contribute,which he dosent want to do.

get rid if that looser, if he can function enough to understand how he can keep most of his money to himself and sofa surf in your house he is not that much on the spectrum if at all, the problem with autistic people is they get taken advantage of- in this situation he is taking advantage of you.

Lonicerax · 29/08/2023 05:42

i think you are reading American stuff about going to prison - hardly anyone goes to prison unless they are violent against others.’

Saracen · 29/08/2023 05:51

I'm afraid I haven't RTFT, but I see that some posters have referred to your ex being abusive. If that's the case, I wonder whether Women's Aid could help you with some advice? I'm sure they will have experience of women whose abusive partners encouraged them to claim benefits fraudulently, and they'll be able to give you practical advice on how things might play out for you and what your options are.

LAMPS1 · 29/08/2023 05:56

Send him and his airbed back to his DF where his actual address is. He’s a user.
Your children can still see him at yours if you trust him enough.
But you don’t actually need him or want him or even like him so stop letting him sleep on your floor.
Claim child maintenance through the proper channels.

Awittyfool · 29/08/2023 06:07

Seddon · 29/08/2023 03:43

I have some expertise in this area and this would be my advice too. And the benefit element is only a small part of it - this is the best way forward for many other reasons.

And yes, if anyone ever asks, you were in no way a couple. If they don't believe it they can prove otherwise.

This.

Do what’s best for your family. You don’t get the time back you wasted worrying about this.
If you genuinely can’t live without him in the house just add his name to the claim from now.
He brings nothing to the unit that couldn’t be achieved living elsewhere though.

Autieangel · 29/08/2023 06:08

Either tell him to leave or update the claim. Don't confess, it will cause so much hardship. Be grateful you haven't been caught.

babyproblems · 29/08/2023 06:27

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.

This.
OP you clearly are very anxious and I think you’ve blown this out of proportion. No one is going to prison. Be kinder to yourself. Ok you’ve not been totally honest but I’m also not convinced you’re in a couple actually! Get rid of this man who is emotionally abusing you, you are a good mum. Stay strong xxxxxx

NowWhattt · 29/08/2023 06:32

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)

Yes agree with this. In the nicest and most gentle way.

I fucked up a few years back whereby my
partner left the family home due to personal reasons ( which I won’t go into ).
A few months after I had started claiming, he returned. I stopped the claim but even so - the DWP investigated.

Fortunately - I was able to provide concrete evidence ( medical and police reports/ solicitor letters etc ) and they were satisfied with that and that was the end of it.

Update the claim now. They’ll find out otherwise because they always do.

Laurenjessicax · 29/08/2023 06:38

I worked with someone in a similar situation so we did a bit of research. From what we found if he can prove he has a separate address such as paying a bill towards another household where he officially lives then he can stay at yours without it effecting UC. If you were to be reported and found to be claiming benefit fraud then they'll stop all benefits and could ban you from claiming certain benefits for a few years and make you pay it back. Which in your circumstance would be a huge problem let's say you had to pay back all the money then they ban you from certain benefits for 3 years and he then leaves. I've never heard it actually happening to anyone most likely get a slap on the wrist and a fine you pay back monthly. But I think if I was you I'd ask him to leave or contribute to the bills. I do think this makes it hard for single parents the lady I worked with worked 2 days a week due to being a full time single parent and was with a man for a year but was always conscious of how much he stayed over and when they talked about moving in she had to basically sit down with him and say if we move in together the only money I have is my wage which will just cover the rent so he would have to pay the bills, for childcare and for her and her daughter to live which is a big ask luckily he was a nice guy and was happy to do so.

Runningonjammiedodgers · 29/08/2023 07:00

Tell him to leave, for many many reasons, say nothing to the DWP. They are unlikely to find out. Stop beating yourself up.

ProfessorInkling · 29/08/2023 07:01

Oh stop. Kick him out and move on. Don’t make yourself even more vulnerable.

Tgirl19 · 29/08/2023 07:02

I think you are over thinking this.

Just ring or go into your online portal today to update the claim and say he moved in last week.

Unfortunately, if you are honest they will investigate.

Chalk it up to experience, move on and don’t let it happen again. You will feel better when the updated claim comes through. If he can’t pay his way after the claim comes through then it’s time for him to leave and you can just readjust the claim again.

Naddd · 29/08/2023 07:02

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?

She would not go to prison.

Especially as she is the one coming clean

User98866 · 29/08/2023 07:07

Say nothing and kick him out asap. He isn’t your responsibility to house and feed. Your children are and you will manage just fine without him lying around your house and jeopardising your benefits.

Schmokin · 29/08/2023 07:07

You need to seriously calm down and also get some help to start making better life choices for yourself, and I’m not talking about the benefit claim.