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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:
mumyes · 29/08/2023 07:10

I'm sorry to hear your situation & I hope you're doing better soon.

I have sympathy for you.

bluecorn · 29/08/2023 07:15

Hey OP, it sounds like you've both been through difficult times and I just wanted to say well done on getting this far and clearly being a devoted and hardworking mum. Flowers

Maybe he has adhd or maybe he doesn't (I only recently found out that complex trauma exhibits in similar ways), but whatever the cause, at this point it's more about you and the children and what you can do to make your life less stressful and their lives less anxious.

I agree with many others here and think you should ask him to leave: his presence in the home is affecting you, your finances, your mental health, your relationship with your children, their understanding of relationships, their happiness and so on.

I know that's really easy to say from the outside but then you did come here to post for other people's suggestions, and to me it feels like it's screaming out from your posts that you'd like to get away from him.

How does the idea make you feel?

Tilllly · 29/08/2023 07:22

He does have somewhere else to go - his fathers
So your first step is to get him out of your home

I understand why you'd want to tell DWP the truth, I'd not want the worry hanging over me.

Would it be feasible to, kick him out and then update them that he no longer lives there. They will query that and you can tell them he moved back in for a few weeks at that point and you thought you had updated them at the time?

Could you speak to citizens advice?

Please don't worry about prison, that's not going to happen

Epidote · 29/08/2023 07:23

Not sure what is the fraudulent amount but one of the adult have to earn more than 50 thousand a year to not be entitled to it.

I would tell you to leave the relationship and claim maintenance for your kids. If you are not going to do that, but do it because he is not a good man, just update the status in the website and forget about it.

Unless you are being getting ten of thousands I can't see you lossing the kids or going to jail.

WilmaFlintstone1 · 29/08/2023 07:28

Hello OP, stop beating yourself up. It’s been shit already for you, you don’t need this on top.

update the journal and tell the work coach he’s moved back in but you’re in separate beds. They will pay you as a couple.

if he is crap with money then the UC claim goes to you for the bills and he pays you towards them so you know they are being paid.

Tumbleweed101 · 29/08/2023 07:29

How about if you claim as him being a lodger? They might assess with his wage but it will remain a single claim if he does mess you about.

Waterlillyflower · 29/08/2023 07:32

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.

Get him to leave.

He can come around to look after the kids while you have a break and then leave.

Whatswhatwhichiswhich · 29/08/2023 07:34

Just to say I have autism and adhd, manage to raise my children alone perfectly fine. Neither of those is an indicator of not being a good or capable parent and it’s extremely offensive that you listed those reasons for the fact he wouldn’t cope with his own children.

You need to tell them you’ve been fraudulently claiming benefits. It’s people like you that give all the other claimants a bad name. Mental health isn’t an excuse to commit fraud.

Waterlillyflower · 29/08/2023 07:35

Tilllly · 29/08/2023 07:22

He does have somewhere else to go - his fathers
So your first step is to get him out of your home

I understand why you'd want to tell DWP the truth, I'd not want the worry hanging over me.

Would it be feasible to, kick him out and then update them that he no longer lives there. They will query that and you can tell them he moved back in for a few weeks at that point and you thought you had updated them at the time?

Could you speak to citizens advice?

Please don't worry about prison, that's not going to happen

Dont tell them he moved in and then moved out.
It will open a can of worms.

Just ask him to leave and live with his father.

Dont tell DWP.

Then get him to come and look after the kids to support you.

PUER125 · 29/08/2023 07:40

Retired Benefit Fraud Investigator here. In my sixteen years as an Investigator, I only had three Claimants receive a prison sentence, so I very much doubt you will end up there.
It goes against the grain to say this, but, you should either get rid of him, and continue as you are, or add him to your claim from a current date, and thank your lucky stars that the Fraud Investigation service is in a diabolical mess post-covid, and you have got away with it.
Personally, I would choose option 1, as he brings nothing to the table.

Karen398 · 29/08/2023 07:40

Don't come clean and say you've been fraudulently claiming, but do add him to your claim. Tell him you've had no choice as your work coach rung you and said it was suspected or something. Trouble is, they will want him to go in for meetings more than likely which he might not comply to. Go on entitled to and work out what you would get with his earnings

Karen398 · 29/08/2023 07:41

Obviously preferred option is for him to leave but I know this isn't always possible

grumpycow1 · 29/08/2023 07:48

Don’t come clean about the past. Either tell them you are getting back together and you would like him to move in from now. Or Chuck him out again. If you tell them he’s back from now, then is he going to be able to give you enough money to replace your lost benefits? Or will he spend it all and you and the kids will lose out. That’s your real question.

whatsagoodusername · 29/08/2023 07:51

He really sounds more like a lodger who helps out with childcare as part of rent than a partner. I know DWP probably won't see it that way, but maybe it will help you to see it that way?

I'd get him out, though, ASAP.

peachypudding · 29/08/2023 07:56

Why on Earth would you not just ask him to leave? I think you have to be honest with yourself as to why you haven't done this.

Princessbananahamock · 29/08/2023 07:57

Apologises if I read the opening post wrong. I think I’m correct in assuming you are not in a relationship, not living as though you were either. So if that is correct you have nothing to “come clean about”. You have separate finances, different addresses he transfers money to you for the roof over your kids head as he should. Just sounds like a sofa surfer type set up. Just because he is the father of your children doesn’t change that. For example your mum moved in to help you out for a while it makes no difference. I personally don’t think you are doing anything fraudulently. Although I ask him to leave as it’s not good for you, you need to move on.

Ilkleymoor · 29/08/2023 07:58

Is there a risk he will dob you in if you tell him to leave/ if you meet someone new?

I would think that you would be fine if he loves out now but something to consider whether this makes it better to say he is living there?

PrimarilyParented · 29/08/2023 07:58

@Helpneededpls you mention that he works nights, if so it would be quite easy to argue he doesn’t live with you as he just visits/looks after the kids during the day. I think you need to send him and his stuff back to his dad’s house and just allow daily visits.

Mirabai · 29/08/2023 08:02

First of all this is a civil not a criminal matter - it’s an overpayment issue.

Second, you are not in a relationship - he’s currently a lodger.

Third, the easiest way to fix your entire life is to chuck him out. It kills many birds with one stone.

Finally, if you do insist on keeping this ne’er do well update your claim going forward.

Snittle · 29/08/2023 08:08

Helpneededpls · 29/08/2023 03:07

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.

Ring the DWP and explain this - that he moved back in on whatever date, has been paying maintenance for his children but no rent etc, you’re not in a romantic couple and he is effectively a lodger to help with the children and all your finances are separate. Explain than as you’re not a couple you didn’t think you had to notify them but realise know that you might have been wrong and want to correct the record.

Voluntarily coming forward will be your best defence.

It used to be that if you had split up but lived together it wasn’t a couples claim anyway, but I don’t know how it works nowadays so you should make sure you explain the full story.

In the vanishingly unlikely scenario that you meet the custody threshold for fraud, one of the considerations that is taken into account on when deciding whether to send you to prison is the impact on your children. If they were likely to go into care then on the facts you’ve presented then I’d be surprised if you got worse than a suspended sentence (and tbh I doubt you’d get that).

Enthusedeggplant · 29/08/2023 08:09

Just get h in to go bank to his dads and say nothing. It’s not provable and doesn’t matter. Look forwards not back.

anon2022anon · 29/08/2023 08:12

I think you'd be very stupid to report yourself, and even more so if you continue to let him live there and go back to a joint claim.

Don't keep on with what you're doing, he needs to move out, and stop letting him dictate what happens here- it's you claiming, and he doesn't seem to care what the repercussions are for you, so stop caring for him.

caringcarer · 29/08/2023 08:12

Kick him out and send him back to his Dad's. Then put in a CMS claim for him to support the DC. You don't need this man in your life causing you so much stress. He can come and see the DC still but not stay over. Don't make the mistake of worrying about what he will do or where he will go. He's an adult so can fend for himself. You just sort out you and DC.

Gerrataere · 29/08/2023 08:19

@Helpneededpls I'm still waking up to bear with me.

So your ex moved back in but you haven’t actually been in any sort of real relationship bar essentially coparenting/him giving you stability? That you’ve just convinced yourself it’s getting back together but the relationship never actually recovered from his absolute shit behaviour?

If that’s the case, technically you can still be a single claimant. I lived with my ex for a while after we split - I did inform UC of the situation, that we were living together, gave them the whole story and they couldn’t give a shit. Said a lot of families had to live together despite being split do to the cost of living. They never once checked up on us, never asked for proof that I was actively trying to move out (had lots of evidence of applying for rentals) or that we weren’t actually in a relationship and trying to pull a fast one. Honestly the DWP is in such a mess admin wise the only way anyone would chase you up if you were reported for fraud.

Im not condoning fraud but if I’ve read your op correctly there is certainly room for nuance here. Just get rid of him and live your life. He’s already screwed you over emotionally donT let him get you into debt on top if you can look at the situation realistically. And realistically it doesn’t sound like you have been a couple since the first time you split.

Yellowflower47 · 29/08/2023 08:21

I know someone who was in a very similar situation to you but when her DP returned, they got married. She carried on claiming for around 6 years as a single parent until the DWP somehow found out (presumably she told someone and they reported her, no idea?). It went to court and she got a suspended sentence. The whole family then left the area shortly after as it was in the papers (happened years ago now) and she was mortified. I doubt you’ll go to prison but if it does to court people might find out. I think you need to speak up.