Carers allowance - so worried

[Littleme2023]

I posted this on a different board but think it belongs here.

Soooooo. I have just received a letter from DWP saying that my NI number shows that I’ve been working. Which I have, no problem there so I thought.

I claim carers allowance for my child with a severe learning disability who is now settled in school and I had found a great job that works around these hours. I do give the 35 hours of care a week required to receive this and my child absolutely meets the threshold for me being registered as a carer as well.

For reference, I moved house, got married and started this job all within 3 weeks of each other and in this time I have simply forgotten to make DWP aware of my job. I of course accept this is my mistake.

I’m still remembering things now that I haven’t informed of change of address/name etc - but less important such as opticians, dentists etc.

I know the rules around what you are allowed to earn and my contracted hours put me well below that. I have however done quite a bit of overtime which has taken me over the weekly allowance but nowhere near what I’m allowed to earn annually. I was aware of this and have been keeping an eye on the amount and if I’d gotten close to the amount would have contacted them to make them aware I needed to stop my claim.

Also the job started off as 10 hours a week and has just sort of grown as I’d covered for someone who has been off and then someone else etc.

I had googled and it had said if you earn different amounts it’s averaged out and works that way. So I’m £2000 away from that annual limit. (Started the job October last year)

Has anyone been in this position? It says on the letter about if you’ve received too much you need to pay back - completely fair I get that. But it also mentions prosecution and I’m really worried about that part.

I’m filling the form in and will of course be completely honest. I can work out a way to pay back anything if I need to. But am just so stressed about a possible prosecution which will mean a criminal record.

Dows anyone know what may happen to me?

I’m sure I’m under the ANNUAL amount but I am for sure over the weekly amount and where I’ve fucked up, is by not making them aware. It hasn’t been my intention to be deceitful. Just a forgetful and busy mum of four trying to get back into work.

We receive no other benefits than child benefit if that makes a difference.

Expecting a hounding here because of some peoples views on benefits and I accept I should have just made a call earlier but here we are. Just hoping someone can be clear on what may happen next.

The thing I’m really worried about is that if they determine I have to pay it ALL back which having looked into it some more I think they will. The amount just goes over the £2000 mark which I think means they can proceed with a prosecution

I worked less hours than you and couldn't claim caters allowance but was allowed to claim the caters element of Universal Credit. I'm not sure how it works if your child is in school full time but they have additional needs. I hope you get it sorted.

Just ring them and explain. I don’t think anyone here can be 100% sure as we don’t know what you’ve earnt and when.

Typical that I got the letters this morning and they won’t be open until Tuesday so I’m left worrying all weekend 🙃

Honestly don’t worry about it. Overpayments are really common and they won’t prosecute over an innocent mistake, they barely have the resources to prosecute actual fraudsters. Just ring them, find out what’s what, and ask for a repayment plan.

Having looked into it more since this morning I think I have fucked up. I assumed I was doing things ok but they work it out by week and I’ve just looked at the whole amount, I’m under the amount in a year so thought I was fine but that’s not how dwp see it.

I think it is very likely that other than the weeks I haven’t worked because I have a term time job, I’d be expected to pay the whole lot back.

I accept this is my mistake. I’m worried about them seeing it as fraud rather then me just thinking I knew what I was doing but I’ve got it wrong.

I’d be happy to pay any overpayment back (well not happy but I understand that would have to be the case) but terrified about a criminal record 🥺

I hope this is the case. I honestly just had so much going on.

The job was only meant to be midday assistant and it’s grown into something much more. Which I’m really happy about but can’t believe I’ve landed myself in this bother.

I’ve probably made the mistake of googling too much 🫣 I think there may be an option to pay a fine (50% of overpayment amount) to avoid a prosecution so hopefully that would be the worst case scenario.

I think if you call them on Tuesday, explain your confusion, agree to provide whatever they ask for etc., you'll be OK with just paying it back. And make sure you can afford it so don't let them set it too high.
Prosecution remains an option for people who just ignore the issue, won't comply with requests for info etc.
Good luck

They're not going to prosecute someone who's realised their mistake and is looking to rectify it as they can make arrangements with you to pay back anything owed. You'll be fine.

Fill in the forms, send them back asap with a covering letter/email. Phone on Tuesday.

The bottom line is DWP getting any overpayment back as quickly and cheaply as possible.

Thank you all so much for your reassurance.

I thought that would be the most logical and fair solution. For me to acknowledge me error and offer to pay anything back that is owed.

I just saw the word “prosecution” googled and then went into a bit of a spiral.

Thank you xx

You will be fine, the letter you got would be a standard letter with the standard disclaimer saying prosecution MAY happen, but from what you have said you would not be anywhere near the limits for that anyway.

You will also not have to pay back all the CA, the rules are that you can earn up to £139 (23/24) per week, if you go over that you are not eligible for CA the following week, so you will only have to pay back the weeks that you were over the limit.

You will also be able to set up a payment plan, they will not expect it all back in one chunk if that is not doable for you, you may have to speak to Debt Management to get that arranged.

When you contact them, also mention that you have done overtime, and that your wage fluctuates, as it may be possible to average your earnings out which may put you back under the limits.

Ignore the annual limits figure for CA, I assume you mean that regarding tax, there is no annual limits for CA, its done on a weekly basis.

Not sure on the paying back etc but I have received a letter for me going like a couple of pounds over one week on my earnings (I was being paid holiday after a maternity leave and working at the same time as I was needed)
I had to jump through some hoops to reassure them I didn’t usually earn this much and was a bloody nightmare

I’m thinking it’s goi b to be quite a task for me to do the same. Once I’ve submitted my timesheets (which I have to do daily) they are wiped from my app so I can’t even begin to think how I’ll provide the exact evidence they might need. Having looked into it the past few days I think I am going to owe a fair bit back. But I accept it’s my own fault 😔

@Littleme2023
Can I ask how you got on with this please?
I’m in a panic because I’ve had a letter to give a date for a telephone compliance appointment.
Like you, I’ve worked 8 hours term time only, putting me well under the threshold, since Nov 21. I knew I was under so didn’t keep an eye on the payslips as much as I should, and have sometimes done extra hours when asked. Going back through the payslips shows I’ve gone over the amount allowed in 3 of the months, not consecutively, just randomly. I’m sure it’s because when I’ve put the timesheets in I’ve missed the monthly deadline so on those months they’ve processed 2 months worth of extra hours to be paid in the Sam month.
What will happen?? I’ve got myself in the stocks about it. It is a genuine oversight 😖☹️

I have had to pay back what I owe plus a £50 fine. I am also no longer entitled to carers allowance. I didn’t have a telephone interview though. Just filled out forms and set up a payment plan

Thank you. Hope it wasn’t too much to pay back. Did you only pay back the months that you were over? I’m definitely under most months, so hopefully I won’t have to pay that back, just the months I earned too much?

Hi all wondering If anyone can help does anyone know If carers allowance can calculate yearly then divide by 52 for weekly allowance? Just they say I was overpaid a few times within the monthly period but when it's calculated yearly and divided by 52 it falls within the eligable criteria!
Thank you

The limit is per week not per year so I’d say no.
they’ve never offered to do it that way for me when I was literally pennies over once!

I was working term time and there is no way to annualised it or average it. Each month I went over it was stopped and it got to the point where I'd ring each month to tell them what I was paid (and then often computer said no)'and they'd then give me the couple of months a few months later.

They really aren't set up for variable hour contracts at all.

I know its per week and my yearly amount divided by 52 is within the criteria which would be the weekly amount and also as its monthly pay their is sometimes 5 weeks within the monthly period. I'll need to give them a call and query it, thank you

CA is based on weekly earnings. If you're paid monthly then you multiply by 12 and divide by 52. On that basis monthly earnings over approx 602.30 will breach the weekly limit of £139.

As above, while they can (and do) prosecute for wilful fraud the vast majority of overpayments are down to failures of communication and misunderstandings. In those instances they will likely work out how much they think has been overpaid and seek to recover it.

While they may demand a cash sum immediately in practice, if you clearly cannot afford that, they'll let you pay by instalments.

My sons just been awarded dla I've use my maiden name for this, I got married however I'm still using my maiden name do I need to tell carers that I'm married if so and can I still use my maiden name? I've not changed any of my benefits over to my married name neither my drivers license or banks either

Some jobs they do allow you to use a yearly average, my partner cares for me and is a self employed tutor, some weeks he earns well over the limit and others nothing but they average it out over the year

Wow they wouldn't for me (zero hours tutor at adult education!)

I repeatedly asked too. I earnt nothing in holidays but went over some weeks... so lost it 🙄