Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

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:
Yesyesme · 29/08/2023 09:12

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?

I agree with this if you are going to stay in a relationship with him. Just start afresh from today x

Mumofsend · 29/08/2023 09:16

Kick him out and come clean. They can only deduct a certain amount for overpayments so even though you might be paying money back for a decade, it won't leave you destitute.

Kick him out because he's a loser.

FlowerTink · 29/08/2023 09:17

I'd get rid of him and carry on with your claim.

Iamclearlyamug · 29/08/2023 09:20

You poor thing - you've actually really been through the mill with this twat of a man.

I would either kick him out now (but would be then tell DWP out of spite that he had been living there?) or update the claim today and tell him that either he pays towards the rent and bills for HIS kids, or he gets out and you claim CMS (whatever pitiful amount it might be)

Either way you can't go on like this. Yes it's fraud and in an ideal world it wouldn't have happened, but we don't live in an ideal world and sometimes you just have to do what you have to to survive ❤️❤️

Workquestion11 · 29/08/2023 09:20

Is he listed as a tenant or on the council tax or being paying any of your bills by direct debit? Then no you will not get into any trouble by UC. You are not in a relationship so do not update to your claim to say so

RedToothBrush · 29/08/2023 09:26

Why are you being this man's carer?

You don't have to be. So don't. Because it's putting yourself at risk. It's not benefiting you and it's not benefiting your kids.

Stop it.

The other stuff is all secondary to him. He is the issue.

Whichwhatnow · 29/08/2023 09:28

I mean the obvious advice is to kick him out, continue your claim and get some child maintenance from him. But really don't worry about getting into trouble with the DWP or paying it back. He's basically a lodger isn't he? So long as you're not really in a relationship you'll be fine.

I'm a lawyer and have a fair amount of experience in this area. Honestly you're fine. You are allowed to have someone living in your place that you're not in a relationship with! It does sound like your situation isn't great for your stress levels though so I think it's pretty clear you should chuck him out!

NewName122 · 29/08/2023 09:30

Didn't read it all sorry, but it is OK to claim as a single person if you are not a proper couple. Exs live together, friends live together, people that hate each other live together. The only issue would be that you shared liability for the rent (and council tax if you get single person discount) having a single claim is fine. Know this through knowing UC rules.

sashh · 29/08/2023 09:37

If you are not sharing a bed then you are not a couple.

I had a (male) friend in my home for a few years and we were classed as not a couple. The DWP did send someone round to check there were two bedrooms being used but it was fine.

I would talk to the CAB, they often know as much about benefits as the DWP.

Yes yo should have declared the change, but you were ill and struggling with two children.

Do not say you are a couple when you are not.

NewName122 · 29/08/2023 09:47

sashh · 29/08/2023 09:37

If you are not sharing a bed then you are not a couple.

I had a (male) friend in my home for a few years and we were classed as not a couple. The DWP did send someone round to check there were two bedrooms being used but it was fine.

I would talk to the CAB, they often know as much about benefits as the DWP.

Yes yo should have declared the change, but you were ill and struggling with two children.

Do not say you are a couple when you are not.

Agree with this. Definitely CAB op. They know much more then the DWP about benefit rules. DWP are always making errors/telling people the wrong thing.

threelittlescones · 29/08/2023 09:57

You can live with a former partner and have a single claim. It's actually very common. You say you aren't in a relationship and he's just there for the kids which is entirely acceptable and doesn't mean it should be a joint claim. For UC purposes they look at things like whether you share a bed, share finances, do things "as a couple". If you are not a couple anymore and keep your bills and finances entirely separate then you don't have a joint claim. Yes you'll hear people say you can never eat meals together or go anywhere together but obviously sometimes that isn't practical if he's there for helping to care for your children. If he gives you money then he should be transferring it via bank transfer with it very clearly stating child maintenance as the reference, nothing else.

You aren't going to prison. Even if you had been in a couple and claiming as single, it's extremely unlikely that you would go to prison. But if you genuinely are not a couple anymore and it's a co-parenting under the same roof situation then you don't have to worry.

Dolores87 · 29/08/2023 10:02

Honestly don't say anything about the past and either update your claim saying he has just moved back in or (the better option) tell him to leave. If it ever gets found out say that you were not in a relationship and therefore you didn't realise. As long as you come across completely oblivious and like you have made a mistake the worst that will happen is you will have to pay it back. You won't go to prison. But honestly don't invite that situation and tell them now. Just update for moving forward.

Redebs · 29/08/2023 10:22

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.

Absolutely this.
You need some independence from this man and if you end your claim and expect him to cough up for his family, you will be in an awful position. You will be forever manipulated, financially abused and emotionally drained.

You have a responsibility to yourself and your children.

Get him out of your house. He is allowed to visit and help with the children, but he must sleep in his own place and keep all of his clothes and other possessions out of your house.

He can pay maintenance, which you should declare to UC.

If he continues to stay, you will be in a dreadful situation. UC people have no leeway for emotional stuff. If he stays overnight, has clothing there, keeps a toothbrush and toiletries in the bathroom, shares meals with you, charges his phone, etc, then you are risking court action as a benefit fraudster.

Cosycardigans · 29/08/2023 10:32

Just update it that he moved in last week, as someone said. Or kick him out. They'll make him look for more work if you add him to your claim and he'll just create more stress for you over that. Don't grass yourself up for the past, you still would've been entitled the the same amount of money as you can earn over 350 as a couple before your benefits are reduced. So you'd just be opening up a whole can of worms and intrusion into your finances for nothing. It doesn't sound like you're ready to kick him out now so just add him to your claim from a very recent date and let them recalculate it from today going forwards. Also your council tax single person discount will be lost too and any council tax benefit you get readjusted based on his current earnings.

andweallsingalong · 29/08/2023 10:45

Helpneededpls · 29/08/2023 02:55

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?

As a previous poster said you don't know the facts.

Usually the only people who are prosecuted either are fraudulent from the beginning or unreported change of circumstances with ongoing lies when challenged during formal investigation.

WomblingTree86 · 29/08/2023 10:56

I think it would be a good idea to tell him to leave and sleep/pay bills elsewhere. I don't think you're technically a couple but they may not believe that if you have children together.
You haven't done anything wrong so don't contact the Universal Credit and potentially put yourself in a bad position financially.

Justnot · 29/08/2023 10:57

I haven’t read the whole thread but am in a similar situation - right at the beginning I explained we were co parenting, and that ex partner is here all the time - still pays council tax at my flat - I think it’s more common than we think especially if you don’t have lots of money. I would speak to UC , explain your situation and how you have struggled, say he is moving back in to help with kids, no relationship beyond friends and ask what you should do - I haven’t brought it up with UC since but freely talk about my child’s dad when I see my advisors so am not trying to keep it secret

Zoreos · 29/08/2023 11:03

This isn’t morally right but ultimately in your situation morals won’t keep a roof over your children’s heads when they claw back a huge amount of overpayment from you. Going forward honestly you only have two options and you can’t really afford to wait because every day you’re in this situation you’re at risk. If you haven’t been contacted by the DWP because you’re under suspicion from today you

  1. Kick him out
  2. Adjust your claim from today as being part of a couple and don’t mention anything from before today.

Life has dealt you a hard hand, move forward and do the right thing and have today as your starting point. Forget about it after all there’s no point stressing yourself out to insanity it won’t do you or your ability to look after your children any good. Don’t ever do anything like that again and learn from it.

I don’t mean to be harsh but If you don’t do either of those things and you get caught after it’s entirely your fault from this point onwards because you’re clear enough now in your own mind to make a good decision.

Hibiscrubbed · 29/08/2023 11:12

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.

Yeah, you can post without being a bit of a twat about it, surely?

Helpneededpls · 29/08/2023 11:22

Thank you all for the replies it's very helpful.

I'm going to look at the Entitled To calculator this afternoon and look at the financials of adding him to the claim so I can stop panicking from this point onwards. I don't suppose anybody would be able to give a rough estimate based on the following would they? The rent is £1700 (standard 2 bed flat but expensive because of the city we're in) and he brings between £1200 and £1300 If the figures he gives me are accurate.

I'm having surgery during the first week of September and it's quite a risky one (neuro) so I can say he is moving in ahead of this to help me.

Something that may be of benefit to me is that I haven't named him on the birth certificate of my youngest. That was deliberate on my part as I didn't want him having PR and disappearing with the kids. I'd found out that he had taken them both to see OW multiple times, DD being a literal newborn, and was worried / paranoid he'd take them away from me. It's a shame I didn't do the same with DC1 but everything was great between us then and there was no need to worry about things like this. DWP have never asked me about the paternity of DC2.

He does have all of his stuff in the flat but sets up his sleeping area in the living room.

He transfers me an amount every month with the reference "maintenance" which I then add to the months budget and use accordingly.

I've gone back into my emails from our correspondence last year and got the email address of women's aid. I'm going to send them another email for some guidance on extracting myself from the situation as I'm sure they've seen it all before.

I've got the number for CAB and I'm going to call shortly and ask for an appointment.

Somebody asked how my mental health was at the moment, it's not great. I received a pretty scary diagnosis earlier on in the year and have been waiting for surgery for that which has been hard. I've had to go NC from my last remaining parent due to alcoholism so don't have anybody else around me for support now. I'm a regular on the boards talking about all that stuff and some will recognise me. It's all a bit shit.

If I'm honest with myself I think my current panic about all of this stuff is my brains way of distracting myself from the other things that I really need to be worrying about right now iykwim? I've got my op in just over a week and have had to get my ducks in a row for that and it's all quite daunting. The other day I spent 7 hours straight panicking similarly about an idiot neighbour sending me arsey voice notes so I can understand that people think my worry is disproportionate as afterwards I thought what on earth is the matter with me that I'm wasting an entire day fretting about that rubbish when I should be doing XYZ.

So the plan for today is to get onto CAB, womens aid for advice and once all of that has been done and I know what I'm looking at I'm going to update my journal with a change of circumstances and declare him moving in.

I can assess the long term plan after my surgery.

Thank you all so much I do feel a bit more grounded for speaking about it. I couldn't sleep until almost 4am this morning my anxiety was so bad.

OP posts:
Helpneededpls · 29/08/2023 11:29

I've just told him I'm adding him to the claim today. He said he'll talk to me when he gets back. How readily he accepts that will determine what happens next. If he refuses to have any involvement with UC he will have to move out now. I will update the thread after we've discussed it.

OP posts:
NeverDropYourMooncup · 29/08/2023 11:30

You will get nothing at all.

Because he's not going to submit his details to be added to the claim. Without his full consent and participation, all payments will stop.

Why are you wanting to leave yourself and your children without rent or food?

Helpneededpls · 29/08/2023 11:37

NeverDropYourMooncup · 29/08/2023 11:30

You will get nothing at all.

Because he's not going to submit his details to be added to the claim. Without his full consent and participation, all payments will stop.

Why are you wanting to leave yourself and your children without rent or food?

Of course I don't, I'm just worried that if I don't add him onto the claim now I'm making things worse for myself.

I'm going to speak to him before I speak to the DWP and if he refuses to cooperate then he will have to go now as I don't want it hanging over my head any longer.

The timing is just shit as I do need him here for my surgery but he isn't the most reasonable person so I don't know if I'll be able to rely on him if he leaves now. I should have done this already instead of burying my head in the sand.

We'll see what he says.

OP posts:
Gerrataere · 29/08/2023 11:40

Helpneededpls · 29/08/2023 11:37

Of course I don't, I'm just worried that if I don't add him onto the claim now I'm making things worse for myself.

I'm going to speak to him before I speak to the DWP and if he refuses to cooperate then he will have to go now as I don't want it hanging over my head any longer.

The timing is just shit as I do need him here for my surgery but he isn't the most reasonable person so I don't know if I'll be able to rely on him if he leaves now. I should have done this already instead of burying my head in the sand.

We'll see what he says.

You’re not in a relationship, you are entitled to single claim. You don’t need to ring DWP you just need to get rid of him as a deadweight!

WelfareRights · 29/08/2023 12:06

I agree with PP. From reading your posts you need to ask him to leave.

Having said that it's not at all clear you are actually a couple for benefits purposes (assuming you are not married?).

DWP should use a range of factors when deciding whether someone is a cohabiting. No one factor in itself is conclusive as it's your overall relationship and your particular circumstances that should be looked at. "Do you live in the same household?" Is only one of the factors. The others are:

-Do you have a sexual relationship?
-What are your financial arrangements?
-Is your relationship stable?
-Do you have children?
-How do you appear in public.

In addition, the emotional aspect of the relationship (your interdependence, devotion, love and affection) should also be considered.

From what you have said you are not ticking a lot of those boxes. Re the financial arrangements, you don't share finances, and I would argue that his contribution is just for his costs (ie his food) and maintenance for the children. You don't have a joint bank account and it sounds that you aren't making joint financial decisions..."There is a difference between on the one hand paying a fixed weekly contribution or rigidly sharing bills 50/50 (which does not suggest cohabitation) and, on the other hand, a common fund for income and expenditure (which might)."

Ideally if you are making a single claim in these or similar circumstances, you would have declared his presence upfront and asked DWP to make a decision on your single claim (having made an argument based on all of the above); however you are past that point now.

I think PPs are right in that you should just ask him to move out.

If not, one further option is to declare his presence now and try to make the argument for the single claim. You would need to provide an explanation as to why you didn't do this earlier. I would say that you thought you weren't a couple for benefits purposes (which you have said in your OP "you aren't a proper couple") and have recently sought advice suggesting you should still declare you ex's presence or similar). Whatever you say needs to be true of course.

You could wait and see if DWP pick this up themselves but this is likely to lead to compliance processes and could mean your benefit is suspended potentially for months while you try to argue your case. You'll be on the back foot there too and make the argument trickier. Plus the process isn't particularly pleasant.

And finally of course you can add him to the claim.

Personally if I were you I'd ask him to leave. It sounds like this arrangement is better for him than you and he's causing you all this angst and stress. If he leaves you can draw a line in the sand and move forward. If DWP ever query it (unlikely if he's moved out) you can argue you were never a couple during the period in question and he was just staying with you temporarily.