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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:
Anactor · 29/08/2023 08:23

Did I read correctly that you did want to update the claim, but your ex ‘vehemently’ disagreed? Did he threaten you?

You need to update the claim asap, but I think you may also need to contact a domestic abuse helpline. If your ex has never been violent, you might not realise that this situation could be emotional or financial abuse.

Tilllly · 29/08/2023 08:23

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.

You've got lots of conflicting advice here but this is from someone in the know
Go with this

AuntieEsther · 29/08/2023 08:26

Those saying he's basically a lodger etc might be right, but the DWP won't see it that way. They also won't see it that he works nights therefore doesn't live there. These are excuses they have heard a million times (even if they are true)
Don't add him to your claim. Just get him out.

jessycake · 29/08/2023 08:27

Just throw him out and carry on , or add him to the claim , don't make your childrens lives more difficult .

tiredmama23 · 29/08/2023 08:34

Agree with everyone saying throw him out and keep quiet. You don't need him. You've got this.

user1492757084 · 29/08/2023 08:35

You don't see him as your partner so send him back to sleep at his father's place. You need to claim your place as your own but be fine with your ex co-parenting at his fathers or babysitting at your place..

Are you afraid to break up with him?

Do you secretly wish to make up and become partners?

cheezncrackers · 29/08/2023 08:39

Agreed - I would just update your claim now. Don't add a backstory. Don't tell them he's been living there for months already, unless you think there is a serious chance that they'll find out through a third party.

If you have a disabled DC are you claiming all you're entitled to for him/her?

Willyoujustbequiet · 29/08/2023 08:39

I may be wrong but I don't think you can update your claim to say he moved in without his consent. It becomes a joint claim and he needs to respond to DWP on his account/his journal etc.

billy1966 · 29/08/2023 08:41

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.

Absolutely this.

Get him out asap.

Do not bring any more drama than that to the situation.

His housing is NOT your responsibility.

Start putting your children first, not him and his housing.

He needs to leave today.

LemonDrizzlecake12 · 29/08/2023 08:45

Make a serious choice now. He either contributes and you make a go of it and you end your claim or he moves out.
If an issue ever comes of the past period get advice from your local Welfare Rights at the council. It’s arguable you weren’t a couple as sleeping separately and separate finances but they will advise.

IClaudine · 29/08/2023 08:45

I would kick him out and leave the claim as it is. Tell no one else in real life about any of it.

Soontobe60 · 29/08/2023 08:48

How long has this fraud been going on? And why, if you’re not in a relationship, is he even living with you when you say he’s hopeless with the kids?

Jensandwich · 29/08/2023 08:49

Pack his bags. Change lock, job done.

Summerslimtime · 29/08/2023 08:55
  1. Say he moved in last week.
  2. He moves out today.
TinkerbellefromYorkshire · 29/08/2023 08:57

Honestly you are over thinking and letting your imagination get carried away..
They will alter your claim and take about £2 to £10 a week from you for overpayment.
They make mistakes themselves and over pay people.
You most definitely will not be sent to prison or your children taken away.
Tell me there the truth.. they will pay accordingly. Hand on heart l know this 100%

BlueBluebellCheese · 29/08/2023 08:58

My Ex sometimes gives me extra money on top of the Child Maintenance each month towards bits for DD; school trips, uniform, hobbies etc.

If you looked at my bank account it'd look like we were still together some months due to the way it's done.

He also has DD extra or puts her to bed at my house sometimes. Sometimes we do things as a family like going to DDs shows or concerts. But we're not together and are divorced.

But I've declared it to DWP/UC (as I get a top up due to being single parent with a disablity) and they couldn't have cared less. They literally shrug when I say "ExH gave me more money this month".

I doubt anything will happen to you, to me written how you have it looks like you occasionally let Ex sleep on your sofa so he can see your shared DC and he gives you maintenance, which is all allowed within the rules.

Truemilk · 29/08/2023 08:58

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.

Just this really

So many people take advantage of government money, wealthy mp's included. I cannot see the point in making life harder for yourself when you don't have to.

Gerrataere · 29/08/2023 08:59

Soontobe60 · 29/08/2023 08:48

How long has this fraud been going on? And why, if you’re not in a relationship, is he even living with you when you say he’s hopeless with the kids?

If they’re not in a relationship then it’s not fraud. You can live with an ex and have a single claim without repercussions.

The op has explained how vulnerable she’s been, it’s no surprise this man has weaselled his way back home. Now is the time to get rid though.

Balloonhearts · 29/08/2023 09:03

I would either tell him now to leave and split up or update your claim and say he just moved in. Obviously it's not right and I don't condone it but people get prison sentences for benefits fraud, especially when it was done knowingly and you have small kids that would end up in care without you. It's the lesser of evils imo.

ConnieTucker · 29/08/2023 09:04

Gerrataere · 29/08/2023 08:59

If they’re not in a relationship then it’s not fraud. You can live with an ex and have a single claim without repercussions.

The op has explained how vulnerable she’s been, it’s no surprise this man has weaselled his way back home. Now is the time to get rid though.

This. They are not in a relationship.

he doesn't have great prospects when it comes to being able to afford and finance accommodation for himself.
tough shit. He is abusive and useless. Throw him out.

Scaredycatttt · 29/08/2023 09:04

Honestly I'd kick him out and say nothing. Don't be so hard on yourself, you were trying to protect yourself and your kids.

How is your mental health now?

OhNoForever · 29/08/2023 09:06

Kick him out. Possible you can claim he is a lodger if you don't share meals iirc? So say that. Don't come clean and fuck your life up further because of this no good eedjit.

easilydistracted1 · 29/08/2023 09:06

Are you definitely sure you are breaking the rules? If you're not a couple or running the household together and your finances are completely separate it may qualify, worth checking. Other than that could you update them that this is the actual circumstances? I guess it's up to you if you declare it. You could always say you wanted to check if you needed to change anything has he is back living there but you'll still not together.

Takeabreather23 · 29/08/2023 09:08

Stop thinking the worst ! Your not going to prison or having your children taken from you .
Do you want to throw him out or not ?
if he’s staying just update your claim today if he’s leaving carry on as normal but if you do nothing you will eventually get into trouble .
call women’s aid again , not about this but about the relationship and support . someone has done a number on you and your self-esteem. Build your confidence back again. Look for a house somewhere fresh maybe and cheaper area if need be ? Or stay and he will
support you with the kids or he won’t .
Maybe women’s aid can help You get Counseling .

What do you want for the future for you and your kids ? Start thinking positive and make changes .

NeverDropYourMooncup · 29/08/2023 09:08

There's some massive catastrophising going on.

He has to add himself to a claim and attend an interview for the change in circumstances to take effect. He won't, which would mean you'd lose all your UC.

Chuck him out and get on with things as they are without the doom and disaster.