To think I might go to prison for benefit fraud?

[uchelpp]

I’m a single mum and don’t work due to being a carer for my disabled child who needs overnight care and hospital appointments to attend. I receive UC and my child receives DLA.

UC have recently asked for bank statements which I gave, and then they arranged a telephone call with me which is soon. I mentioned this to a friend who said not to worry as long as I’ve been honest, as we got talking she asked if UC know that my child receives DLA. I said no as that’s their money and not mine, but she thinks it must be declared, and looking online I think she’s right. I’ve never even thought about declaring it, it goes into my child’s bank account which of course I have access to so I can buy what they need. I also didn’t know about the £6,000 savings limit, only the £16,000 one, and at one point there was more than £6,000 in my child’s account as I saved for a big purchase (for her). Of course these were my mistakes for not thoroughly understanding the rules, and I expect I will have to pay back everything I have been overpaid which is fair enough. What I am worried about is being prosecuted and going to prison.

DLA isn’t deducted from UC so shouldn’t be an issue but should have been declared. You also get extra payments on UC for your child receiving DLA and for being a carer so it’s more likely you’ve been underpaid than overpaid.

I’ve no idea about the UC rules, but they aren’t going to send a single mum of a disabled child to prison over it.

I don’t think you have too much of an issue. You should have declared it but primarily because you get a higher rate of UC for a disabled child. You may actually be entitled to a back payment.

As others have said, there is no way you’ll be sent to prison over this, OP. Maybe worth speaking to Citizen’s Advice to set your mind at rest?

Thanks for replies, I do get the element for having a disabled child, and they know I receive carer’s allowance. But they’ve never actually asked if my child receives DLA.

They’ll make an adjustment for your Carers allowance, which you say they know about.

They don’t reduce for PIP or DLA though.

It’s probably just a review. They do that sometimes. If they were overly concerned it wouldn’t be a phone chat

It's nothing to worry about. Disability benefits are not taken into account for any means-tested benefits, even if they're for you, so you won't have been overpaid

The only part of this that you will be in any trouble for is not declaring savings over 6k if it was in an account in your name, regardless of what it was for. If in your child's name it will depend on the type of account and what access you have to it, so they may need to see evidence of that . When you claimed carers element it would have asked who you cared for and what benefit they were getting so they do indirectly know your child is disabled. There is no way you will go to prison so please stop worrying.

DLA isn’t deducted from UC and they will already know your child is receiving DLA as it’s all connected on DWP systems. As long as your child’s bank account is in their name their savings aren’t classed as capital. Also a saving of DLA is disregarded for 12 months after you receive it.

I’d be wildly surprised if you went to prison.

Id be surprised if you were even prosecuted tbh. You could have to pay some money back if you haven’t declared something you should have but I think they’d give you a chance for something like this.

Even if you were prosecuted, I think it’s wildly unlikely they’d sent a single
mother of a disabled child to prison.

Not necessarily as DLA is also disregarded so if the DLA is on savings and it’s been less than 12 months since she received it there’s no problem.

Only if DLA backpay.

You won’t be sent to prison. They’d have to prove intention to commit fraud. If it turns out you’ve been overpaid then just apologise and accept that you’ll have to repay the money (which will only be a small amount every month as they don’t want to see people in hardship over mistakes).

OP you will not be sent to prison.
Please don't panic.
It'll be fine.
You may have slightly misunderstood what you needed to declare but they're not going to even prosecute you, far less stick you in jail.

@uchelpp first of all, breathe. Does she get the high rate care for DLA? If so, you should get the high rate child disability premium, carers allowance and the carer premium of UC. Then they deduct the carers allowance amount.

Try not to worry.

Thank you for replies I’ve got myself in a right state worrying!

If you are getting a disabled child element they must know your child gets DLA. Your carers allowance isn’t an indicator of your child’s DLA, it just means you care for someone.

Yes, high rate care element and low rate physical element. It seems it’s more the having over £6,000 that might be the issue.

Very true, good point, I’ve been stressing so much I didn’t even think of that!

When do you hav over 6k? And how far back have they asked to check statements for? They won’t know if it was longer ago than they’ve asked.
The DLA part is irrelevant.

They’ve seen statements from last 4 months but it says online they can ask to see more.

Do you receive any maintenance?

When I had a call it was to ask if that was income from a job or not.

I'd also had my dad transfer me money and we both have the same surname and similar first names so they was checking if it was me transferring to myself or not.

Explained both and was no problem

I was going to comment this exact same thing. Don't worry OP, you'll be fine!

You have access to the money, therefore it is part of your income, therefore you have to declare it.
You only go to prison for benefit fraud if DWP can prove you meant to deceive them- but you do have to declare it.

They know you get DLA already, it's the only way you get the disabled child's element. DLA doesn't cause deductions to UC.

However £4.35 for every £200 you have over £6000 in the bank needs to be deducted from your UC.

You won't go to prison over it, but you'll have to pay some UC back. If its only been a few months that you have had over £6000, it won't be much.

Don't try to spend the savings on purpose so you don't have them anymore, unless you genuinely need something, else you could be considered to be depriving yourself of capital.