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Original poster

Was this benefit fraud??

46 replies

Butterflymama · 10/01/2011 12:15

I've name changed as I'm worried.

My son has always had mobility problems. He's hypermobile (double jointed) and is currently being assessed for dyspraxia as he doesn't have coordination etc, he falls over all of the time, can't fasten buttons etc. he couldn't walk without being in pain as his joints are so loose.

A couple of years ago I began to claim the disability element of the ctc for him as he needs additional support and help to get around. I told them I was going to fill in a claim for DLA for him, they said it was OK, just call and let them know when a decision had been given. I then became seriously unwell and I forgot to do this Blush. His condition has now improved after 2 years of support and physio so I called and cancelled the extra tax credit.

I watched a TV programme (saints and scroungers) on BBC1 this morning and it depicted three sisters pretending that their children were severely disabled, they didn't claim DLA either. I'm not sure if I could get into a load of trouble for this or not.

OP posts:
Lougle · 10/01/2011 15:07

I'm really sorry to be a voice of dissent. But what you have done is fraud.

The Disability Component of Tax Credits is only payable to a family where a child is in receipt of DLA.

If he wasn't in receipt of it, whether or not he would have been eligible for it, then you shouldn't have been receiving the uplift.

As for what to do about it...well that's up to you. But what you should know, is that Tax Credits have systems compatible with DWP, and can check a claim. I suppose you just have to hope that they don't notice, or tell them. But if you tell them, they will want that money back.

I sympathise, because it sounds like he should have been getting DLA, and still should be. But that doesn't change the fact that the rules around the disability component of TCs are extremely clear.

ThisIsANiceCage · 10/01/2011 15:14

For any crime, surely there has to be intent?

So whilst it may be administratively wrong that Butterflymama received the Tax Credit, surely a prosecution for criminal fraud might fail at intent.

What's more, she told them she was applying for DLA: an application stands a fair chance of being refused. So there's considerable culpability on the part of the Tax Credits folk for putting this through without waiting for the result of the application.

Dunno what legal effect this has tho.

Lougle · 10/01/2011 15:50

I don't think that washes, though, TINC. If you cross a traffic light at red, you can't get off on the basis that you didn't know a red traffic light meant 'stop'.

I agree that Tax credits themselves should never have put the premium through.

OP, are you SURE that you actually received the disability premium? Did your paperwork say that you had an amount due to disability??

ThisIsANiceCage · 10/01/2011 16:41

No one's claiming "she didn't know".

The OP told the Tax Credits people the truth - that she was intending to apply; they wrongly awarded her Credits.

ThisIsANiceCage · 10/01/2011 16:49

Sorry, that came out tetchy (too much time on the Petulant Rage thread Grin).

Lougle · 10/01/2011 17:14
Grin

But she asked them to! The one defence with an overpayment of TCs is that you didn't know you were being overpayed, and couldn't reasonably know that. The OP knew that she was being given the premium on the basis of her DLA claim, and didn't claim.

Original poster
Butterflymama · 10/01/2011 17:42

I didn't claim as I had the equivalent of a stroke and didn't get around to doing it. I can do it now for him, he's still the same just not falling over as much. I know it's the disability premium and was told to call them when a decision was made by the DWP.

OP posts:
ThisIsANiceCage · 10/01/2011 17:54

"The OP knew that she was being given the premium on the basis of her DLA claim"

What makes you think that? If we've understood correctly, she gave them truthful answers to all the questions they asked, and they then awarded her Tax Credits.

It sounds like this was an error on the part of the Tax Credits people. None of which makes the OP to blame in any way.

ThisIsANiceCage · 10/01/2011 17:55

X-post.

Original poster
Butterflymama · 10/01/2011 18:03

They did the same with mine, they said to just let them know when I'd heard from the DLA claim when it's been put in and processed as there's a higher payment with the higher rates of DLA. IIRC, they asked if I'd put the claim in for DLA and I said not yet, I was about to do it.

OP posts:
FairyTaleOfNewYork · 10/01/2011 18:08

so did TC award u a disability premium?

Original poster
Butterflymama · 10/01/2011 18:09

yes

OP posts:
FairyTaleOfNewYork · 10/01/2011 18:11

thats not good. technically they shouldnt have awarded it.

Original poster
Butterflymama · 10/01/2011 18:15

Oh. Sad They (tax credits)went through some questions asking what he could and couldn't do. I explained that he was hypermobile and needed constant supervision as he falls over, can't walk too far as he's in pain etc. They said that they would update his details and I should contact them when I had heard from the DLA. They didn't mention anything about him needing the DLA first.

OP posts:
Original poster
Butterflymama · 10/01/2011 18:19

I can't understand why they did the same with me though. I was awarded the disability bit for the tax credit before the DLA was awarded. They knew I was applying for it as I told them. They said the same thing, to call them when it had gone through. Confused surly if they are doing this then they have opened themselves up to stuff like this (not saying this justify's my actions)?

OP posts:
Original poster
Butterflymama · 10/01/2011 18:21

Should I call them and offer to repay it? It's not thousands.

OP posts:
ThisIsANiceCage · 10/01/2011 18:33

But they put you in this position with their mistake. If they had said, "No you can't have the Tax Credits till you have DLA", you would either
a) not have received the Tax Credits, and therefore wouldn't need to repay, or
b) have applied for DLA.

You can't do (b) retrospectively, so their mistake has cost you the opportunity to rightly get the TC.

Calling them might be the right thing to do, but get yourself down to a CAB first. I think you need advice from people who've seen all this before.

Original poster
Butterflymama · 10/01/2011 18:37

He did need it but I'm having visions of taking cash away from little children in wheelchairs. SadIf they had said no you can't have it until you have DLA then I'd have not applied as I'd have forgotten about it (stroke).

I'll make an appointment to see the CAB.

Thank you for your help.

OP posts:
Lougle · 10/01/2011 18:47

Don't call anyone! Just go to the CAB, ask their advice.

If they asked you clear questions about your DS's disability, then awarded it to you, you have more of an argument.

In any case, you should phone the DWP and ask for a DLA claim pack - your DS is missing out on money that would make his life easier Smile

Original poster
Butterflymama · 10/01/2011 18:52

I will do. I hate feeling like I've done something wrong Sad

Thank you. I'm going to leave this thread now so I can name change back. I really do appreciate all of your help.

OP posts:
ariane5 · 11/01/2011 08:56

good luck with everything, please try not to worry about it you already have enough to contend with, all the best Smile

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