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Original poster

help me please

66 replies

faithfaith · 13/08/2018 14:28

I was on income support, hb, ct and I realise I was overpaid for about one year, I am very ignorant about the policy of the benefits plus I am a depressed person, so now I stoped my benefits and don't know what to do...? Should I tell dap or not? plus I didn't know I can't rent my room too... help me Im not a dishonest person

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LIZS · 15/08/2018 11:03

Having someone to stay for a few days is unlikely to affect benefits at all. Savings over the threshold would but these will deplete in time if you use them to live off and you will be asked about previous claims when you need to rely on benefits again. Are you entitled to anything at the moment? If so you should claim and offset the overpayment against it. It may mean you receive nothing for a while but it amounts to same as not claiming but without the ongoing anxiety. Do you have a benefits adviser at dwp or someone who could support you to explain the mistake.

Bombardier25966 · 15/08/2018 11:05

In that case, you need or write to the DWP and explain your reasons for not notifying them of the change in circumstance earlier. If you don't feel able to manage this alone then ask CAB to help you. The amounts involved could be quite high, so it is in your best interests to tell them before they tell you. It could be the difference between a civil penalty (where they add an amount to what you owe) or a criminal prosecution.

Original poster
faithfaith · 15/08/2018 18:00

bombardier@ do you think they will prosecute me?

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Original poster
faithfaith · 15/08/2018 18:02

lisz@ I don't have anyone to help me to write.... I don't know if im entitle to any benefit

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LIZS · 15/08/2018 18:09

Have you checked entitledto.com? Who helped you claim in the first place?

Original poster
faithfaith · 15/08/2018 20:38

liz @it was a years ago, it was someone from the council

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LIZS · 15/08/2018 20:41

Cab should be able to help you if you go back and explain. Stopping your claim was a knee jerk reaction but does not resolve the issue.

AJPTaylor · 16/08/2018 06:46

So, from what you say you were not entitled to anything because of your savings and/or him living with you and/or income from renting out your bedroom?
If this means you are entitled to no benefits at all then it was the right thing to stop claiming. I dont know what the chances are of them finding out, you would think that they would be more interested in active cases. In your position i would keep my head down and try hard to live off my savings as long as possible.

Ventiamore · 16/08/2018 06:55

The trouble will be when you attempt to claim benefits again, as you have said you will probably do. Of course they will find out. If you had more savings than you should have, and didn't declare someone living with you when you should have, you need to pay that money back. Probably best to do it now before you spend all your savings. I have no idea why the CAB would advise you to just stop claiming benefits. That seems very short sighted.

Mytwistedimagination · 16/08/2018 06:57

Edit : of course you should have stopped claiming what you weren't entitled to, but you need to pay it back as well!

Original poster
faithfaith · 16/08/2018 16:14

mytwistedimagination@ that is what I want to do but just worry about the consequences

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Original poster
faithfaith · 16/08/2018 16:16

ventiamore@ do you think they will find out when I need to claim again? I don't mind to pay the money back, just very scared to go to jail or prosecuted ....

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LIZS · 16/08/2018 17:16

The sooner you come clean the less likely they are to take it further than reclaiming the overpayment. Do you have any idea how much it is ?

Original poster
faithfaith · 16/08/2018 20:26

liz @more than 5000

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Bombardier25966 · 16/08/2018 20:34

They have the option to prosecute for overpayments over £3K. In reality they don't often use it, they're more likely to offer a penalty that means you pay a penalty fee of (I think) up to 50% (on top of the overpayment). It's impossible to advise on how they may deal with it on the limited information given.

Ventiamore · 17/08/2018 06:44

Wow! That's a lot of money! Why are you worried they'll find out? You should be running down there to pay it off!! If you are being honest in what you are saying here, I cannot believe you are even thinking of trying to avoid it. That's stealing, and there are plenty of people who need it much more than you do. I don't know why you're putting it off. If it's a genuine mistake and you own up you can pay it off at an affordable rate. Surely that is better than them realizing when the computer links your details to previous transactions and it is evident you were cheating all along, but didn't even try to pay it back? These things catch up with you when you can least afford them to. Sort it out for peace of mind.

Original poster
faithfaith · 17/08/2018 15:08

so what more information you want...? if they put a penalty that means I have a criminal record?

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Original poster
faithfaith · 17/08/2018 15:13

ventiamore@ how can you say I want to avoid it???? if I want I won't be here asking for an advice, if I want to steal I could keep claiming. im not having peace since I found it I just don't know what to do because im worry in what they can do to me that all I don't care if I have to give the money back

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Original poster
faithfaith · 17/08/2018 15:16

ventiamore@ what previous transactions? it was just mistake im not a thief ok!

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Original poster
faithfaith · 17/08/2018 15:20

bombardier@ what is civil penalty? it is a criminal record?

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Sugarhunnyicedtea · 17/08/2018 15:34

Have you spoken to them yet? Or taken proper advice? You say you're not trying to avoid it but you're not proactively trying to sort the situation out

Original poster
faithfaith · 17/08/2018 16:21

of course I am trying what I am doing here? and I did spoke with a professional but they said it is my choice in what to do...

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Armchairanarchist · 17/08/2018 16:38

If I understand this correctly you didn't declare income from a lodger and had a live-in partner who worked full time for a whole year and were over the savings threshold? If so you'll have everything to pay back.

LIZS · 17/08/2018 16:40

Do you have enough in savings to cover it?

Original poster
faithfaith · 17/08/2018 18:01

lizs@ I do but bcs im not claiming I can't pay in one time, why?

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