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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:
TheTruthWillSetYouFreeMaybe · 30/08/2023 19:02

Update your claim. They may send it to one of their decision team to decide if you are a couple or just 2 people. If your tenancy is in your name and your finances etc are separate that’s fine. If the decision team doesn’t go your way, ask for a reconsideration. You may get a home visit just to check that all your stuff is kept separately but if you can prove that you are not a couple, just that he helps you with the kids etc , that’s fine

toxic44 · 30/08/2023 19:14

The criteria for cohabiting are things like are you an established 'couple', is there intent to marry, do you have children together, do you do husband/wife things for each other, do you have a joint bank account, do you have one household 'purse'. Sharing a bed or having sex is not one of the points.

Update your claim as from now and then work on getting him out.

Schooldilemma2345 · 30/08/2023 19:18

i haven’t decided where I stand on this ethically or even if I have any advice to give you but I just wanted to say, you write beautifully a you’re clearly a very intelligent person. Please don’t sell yourself short,

Toomuchtrouble4me · 30/08/2023 19:36

You should get him out, he’s no good.
Do you rent privately?
Do you live in London?

Frankie2018 · 30/08/2023 20:19

Tell him to leave. That will solve more than just your Universal Credit problem.

BooneyBeautiful · 30/08/2023 20:38

Whatever you decide to do, please make sure any money he gives you is in cash unless it's official child support. If the DWP or the Council (if you are claiming Council Tax Benefit) decide to randomly check your bank account(s), they are going to want a full explanation of anything going into your account that isn't from the DWP/Child Support. Even if it is legitimate, it's still a bit of a kerfuffle having to explain everything, so it's much easier not to give them anything to query.

greenbeansnspinach · 30/08/2023 21:03

Well meaning people are offering you wildly differing advice here. The best advice is - make an urgent appointment with Citizens Advice.

Montbab · 30/08/2023 21:51

I'm jumping in here without reading all the comments as there is a lot. The main problem is that you cannot just add him to the claim without him participating. You could update your claim to living with a partner however it would provide you with a linking code code which he would need to use to setup on his end and if he refuses this could put a blocker on your payments. The other option would be to change your living situation to living with a room mate type situation but this would half your housing benefit element as they would assume he is paying half. Personally I would contact women's aid again, get some advise and kick him out both for yourself and your claim.

Inbetweenie993 · 31/08/2023 07:09

Hey sweetheart. Can see how you got here! In my experience just tell the truth. You won't go to prison . Come clean with everyone and enjoy the relief. Feel for you and best of luck. Xxxxx

ConnieTucker · 31/08/2023 10:04

Inbetweenie993 · 31/08/2023 07:09

Hey sweetheart. Can see how you got here! In my experience just tell the truth. You won't go to prison . Come clean with everyone and enjoy the relief. Feel for you and best of luck. Xxxxx

Dont be ridiculous. She should throw him out. And you need to raise your standards.

GingerBeerDrinker · 31/08/2023 15:53

I haven't read all replies, only what you've written op, but have you done a maintenance calculation?
I'm just thinking that if what he's been giving you (that money when he gets paid) is the only money from him you see, and he doesn't contribute to bills or anything else for the kids, etc and that is within a maintenance guidelines (actually that's not even 100% because you're allowed to decide a maintenance amount between you, you don't have to go by what the calculations say with maintenance) then other than him physically being in the property, I wouldn't say you have done anything wrong per se.
If he was at his df as he's supposed to be, would he be giving you less in maintenance?
And while he shouldn't really be there, you're not benefitting financially at all, worse off if anything because of the extra gas/electric/water etc he uses.

If he is claiming separately at his df address, then it may be muddier. And I'm not sure who/if either would be in trouble.

If he's giving you a lot more than maintenance would be, I'd say come clean, but otherwise I'd make things right now, ie if he's staying, tell them that, or make him move out, but I can't see any benefit of telling them he's been there previously. If you were getting the same amount of money as you would have been if he wasn't physically there.

Loujay2 · 31/08/2023 16:06

Ignore the you have committed fraud thoughts and comments on here and try to think clearly and not panic. You are not together, he is not your partner anymore and you have let him stay out of decency and due to low self esteem because of him cheating on you. He is clearly using you for somewhere to live due to it not working out with the other woman (and I don't blame her tbh he sounds awful). Talk to citizens advice if necessary, you don't have to give them your details and throw him out if you have the strength but take photos of where he sleeps etc just in case because he knows how worried you are about the situation and might report you out of spite. I know someone this has happened to. You are allowed to have people live with you who you're not romantically involved with you just have to be transparent. He has taken advantage of your soft nature and will continue to if you don't get him out of your home. You might then get some peace of mind and maybe meet someone nice that treats you properly.

Inbetweenie993 · 31/08/2023 16:16

I only said honesty is the best policy, which would make OP feel better. My 'standards' are fine thanks. Didn't know what a viper was. But I do now.

Redebs · 09/09/2023 15:34

If he stays, you will need to make a joint claim.

He will have to submit full evidence of his earnings and savings.

If he refuses, your claim will be closed.

Will he reliably pay you the full amount you are currently getting from UC? Will he do this every week with no hassle and no strings attached?

At the moment you are claiming fraudulently. It is illegal.

He needs to go.

CaroleSinger · 09/09/2023 16:10

I think you're reading far too much I to the stories you've read. It's about intent and there's no intent to commit fraud for financial gain in what you have described? One thing I would be looking at is moving to a smaller property just for you and the kids and not taking him with you. A new start as such.

Anna8089 · 21/09/2023 16:00

Omg kick him out and stop with the dramatics. He sofa surfed and refused to leave but now you've got him to leave. Hopefully. And leave it at that. If he's autistic and adhd its more that he can't see past his own needs rather than abuse and acting out. He needs to be responsible for himself. As do you.

icallitasplodge · 21/09/2023 16:03

Yeah I was gonna say chuck him out too

Catsknowbest · 19/11/2023 13:55

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

What truthhurts23 says is very relevant and based on experience. I know some posters are saying DWP don't take notice of past occurences- I'm afraid that that is not always the case. I've worked in welfare benefits for many years. You could limit the damage and update claim immediately. If you do this back to the true date he moved in you will of course need to deal with the resultant overpayment. His having another address may not be enough defence against their seeing it as a living together arrangement. Also bear in mind that you don't need to be a couple for another adult living with you to affect UC. I genuinely hope you can get this resolved and I do understand how hard it must be to deal with but the sooner you do the better.

Catsknowbest · 19/11/2023 14:00

Any adult living with you when claiming UC will have some affect on the claim.

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