Declaring benefit fraud please please help

[sadmum321]

I have been reading posts on here for the last few days over people being caught for benefit fraud but none of the cases I have read can I relate to.

Basically I ended up on full benefits a couple of years ago (never been on benefits in my life) because I had a breakdown due to domestic violence.
I found the benefit system horrendous and ended up having CAB and MIND help me apply for housing benefit, council tax benefit, tax credits and also got ESA and DLA lower rate. It took months for these benefits to be put into place and I had to borrow off friends and family to put food on the table as I have 3 children.
I was completely doped up on all sorts of antidepressants. A year ago DLA asked me to go into an interview as I had been on it a year and for them to carry it on they needed to see me. Basically I managed to go for the interview shook and cried all the way through it and 2 weeks later got a letter saying they didnt feel my condition of depression qualified for DLA so it stopped.

I really found it hard to cope without this money so pushed myself into finding part time work.
I found a part time job 8mths ago for 25hrs a week min wage, I didnt feel ready to do this amount of hours but had been looking for months and it was the only job that came up and the only job where the boss agreed to give me a trial basis as he was aware of my illness.
Because I was not sure how I would cope and because of past difficulties in obtaining benefits I thought I would give it a trial period of a couple of months before I declared it.
8months on I still havent declared it and it has been stressing me out as I want to come clean. I am also currently undergoing investigations at the hospital for a suspected tumour as I have suffered other illnesses this year. I have also found the job I have been doing very stressful and its put my children under pressure as I have to work til 7pm every night and my children are on their own (my eldest is 15 so legally ok to look after my youngest) I also find my boss it rather horrid, not letting me have any holidays and making crude remarks so I have become very stressed at work and really need to leave.
I know I should have informed benefits immediately and know I would not be entitled to ESA so if I calculate what I have got in ESA over 8mths that itself comes to nearly £5,000 so god knows what the total amount will be once tax credits, housing and council tax benefit has been calculated, Im presuming around £10,000
What I would like to know is if I come forward and confess will they be kinder to me ie not send me to jail, not take me to court and hopfully just fine me and come to a repayment schedule to pay the money back, or will they treat me as they do people they catch out themselves?
Has anyone on here actually confessed to benefit fraud without actually being caught?
Im getting so much conflicting advise as other friends has said just give up the job and leave and dont declare to benefits as they are thinking because I havent been called in by benefits that I havenet been checked, but I cant live with this dishonest and cant risk just leaving my job and pretending it never happened as Im sure benefits will find out one way or another.
Im racked with guilt and feel terrible with what I have done but it was just one of those things where you keep thinking I will tell them next month or the next month and each month something happened and I had money to pay out and debts to try and clear and then things went bad at work so knew I needed to look at leaving.
I am sorry to you all for committing this crime and I would just like some advise on what to do. I have tried ringing CAB but their phone lines are full and I cant get to talk to anyone.
Once again I am so sorry and Im so ill with all this and worrying whether my MRI scans are going to show up a tumour which I am terrified about.
Any advise would be greatly appreciated.

No problem sadmum, feel free to pm me if you need any help.
Fwiw, in your position I would hold off that letter until after Christmas.

Thank you unlimiteddilutingjuice I may well pm you as you seem to know how to advise me and my head is all over the place at the moment 😥

please do

How are you sadmum xx

You will have 8 months worth of over payments and will have to pay them back. Even if you go back on benefits the repayments will come out of your benefits.

I think by calling you won't be treated as a criminal, it won't go to court etc you will just need to pay back what you have received and have not been entitled to.
You may be able to call and say you are now working and need to end your claim and no questions would be asked. Guess it depends who's on the phone!
I have been in a similar ish situation not to the same extent or length of time but similar & was freaking out about declaring my change of circumstance later than I should have. They didn't question the date of my change I just called and said I have had a change and would like to end my tax credits claim. Then housing benefit automatically stopped so I didn't have to talk to them at all. I haven't been asked to repay anything but I am prepared that I my be asked to. (It's fairly recent).

The sooner you do it the better. The longer it goes on the more debt you are putting yourself in.

Stay strong - happy to have a private non judgemental chat if you need one X

I know with ESA you are allowed to do 16 hours 'permitted work.' Maybe this is what you thought was happening (or might be a way of explaining).

If you are not well at the moment and need to stop working then maybe take some time to think about things and stop the job if it is making it worse.

If they query the income then maybe you need to clarify it with them but for now I would focus on your health. Not saying ti is right what has happened but it may be stressful going through some awful trial with them.

What happens wit ESA cont based anyway, is it is taken into account with tax credits as income, as the job should have been too.

www.gov.uk/employment-support-allowance/eligibility

Claiming ESA if you work
Your ESA isn’t usually affected if you either:

earn up to £20 a week
work for less than 16 hours a week and earn up to £115.50 a week, for 52 weeks or less (or for any length of time if you’re in the support group)
This is called ‘permitted work’.

You can also do ‘supported permitted work’ and earn up to £115.50 a week. This must be part of a treatment programme, or supervised by someone from a local council or voluntary organisation whose job it is to arrange work for disabled people.

You must tell the Department for Work and Pensions (DWP) if you start doing permitted or supported permitted work. They’ll send you form PW1 to fill in and send back to them.

Any volunteer work you do needs to be reported. It normally doesn’t affect your ESA.

Such a form would probably trigger a new assessment for ESA..maybe you need to think about are you going to keep cleaning ESA or move into work. You could fill in the form and send it to them.

With tax credits, it is based on the previous year anyway so would be able to make any changes to income in the April when it is reviewed for the previous year- you'd just add in the income, the ESA and tax credits have an online chat to help with that.

I'd try not to worry about 'owning up' etc, just treat it as an oversight due to MH and that you are declaring it now. With tax credits as your income increased you would get an overpayment but it will come off future years in a low amount. I know this myself as missed ESA as income a few years ago and declared it at the end of year- it was fine, just payed if off from reduced payment over a year or two.

Good luck with it all, sounds very stressful.

You could also look at PIP if your health gets worse.

Update for you all.

I came clean, attended an interview which I cried throughout it and the result was I owe just over £3k in ESA overpayments, £300 overpayment in housing benefit and £200 overpayment in council tax. They are taking it out of my benefits each month and I have now had to give up my home because I was struggling before to make ends meet and now its impossible.

I have the option of moving in with my partner but then if I do I loose all benefits because of his income and his income is not enough to pay my debts and pay for my children (as my childrens father doesnt).

My BP has been in the 200's for the past 24mths and I have (with the advise of CAB) written a letter of complaint to my GP as they have not been treating me appropriatly to get my BP down or dealt with my depression and anxiety to which when I have spoken to on line professionals have said im suffering PTSD caused by years of domestic abuse.

So life is pretty hell at the moment as I have to be out of my rented house by the end of this month, so have no choice but to move in with my partner (which I know will put a massive strain on our relationship) and I will have to get a job as he cant afford to pay my depts and my children. I was also advised by ESA that if I move in with my partner I am no longer entitled to ESA or any other benefit meaning that I will have no way to pay back the ESA arrears and they said they have the right to then go to my partner and take the money from him!
Sick of it all now and so ill from all the symptoms depression/anxiety and high blood pressure cause. Told by my GP that if I dont rest and carry on with the levels of stress I am under I am already at high risk of a stroke/heart attack because of my BP being in the 200's but I have no choice as I cant get any help from anyone.

So you're in a rented place just now? How big? Can you move to a much smaller one and you sleep in front room for example? Not ideal but compared to moving in with someone you're not ready to and who will then need to pay for your debts

Can council help with housing?

I know someone who was being watched for months. They took her in the office and gave her a chance to declare earning she didn't and they kept watching. She narrowly avoided a jail term as all the benefits added together came to a lot of money. She got probation, tagged and has to pay it back.

social housing is very hard to get in my area. After I left my husband because of domestic abuse I lost my home as he had not been paying the mortgage. I couldnt get social housing then and had to go into private rented which costs at least £200 more a month then social houseing. So there is no way I will get a council house now so have no choice.
I know it all sounds so easy getting on the housing list and getting a house but it isint.

If you were made homeless does your Council have any obligation to house you?

Sometimes they will relocate you if an area has much better housing stock. That's another option. Obviously school/family issues. But it's something to consider if the housing would take pressure of and so improve things overall.

sorry, x post.
I am so sorry for what you are going through.
It is very unfair. There are endless people in Govt and big business behaving appallingly yet 'little' people who go through a tough time are the ones who are hauled over the coals.

showing I was no better off working

This is a myth and always has been. I have had long terms of unemployment and long terms of being in employment. I gave always been financially better off in work. Always.

If you did the calculator and it showed that then your Employer is not paying you enough.

I think you'll be treated kinfer if you admit it but I'm struggling to believe with all the integrated systems these days they haven't picked up that you are in work. PIP isn't an out of work benefit so whether you was entitled to that is irrelevant.

The main charge which is used by the DWP for fraud cases is 'failing to declare', it catches all in the net then you see. So whether you meant to, was dishonest or else wont matter as much if that's what they decide to charge you with.

You're best bet is to just be honest with them now.

but you'd be stupid to hand yourself over to DWP for this.

I really wouldn't. If the OP doesn't, and is later found out, they'll be charged with dishonestly failing to declare which is worst, they won't be so lenient then.

I would play dumb. I'd say I was confused and later realised I wasn't entitled. They will make you pay it bk but you won't go to prison

It doesn't matter. Ignorance is no defence of the law. Whilst I understand the OP is explaining why it all came about, people working in the fraud department have 'heard it all before' and there is that small chance the OP won't be as lucky as to find someone understanding.

Sorry sadmum x posted with your updates.

They can't make you pay back what you don't have.

I know it all sounds so easy getting on the housing list and getting a house but it isint.

It's not for anyone.

Ive just realised I've been getting paid a full salary in realtime to my maternity pay. My baby is 6 months now how do I let the company know?i feel very anxious as I do not want to be portrayed as a fraudster

You can probably do change if circumstances online - do it ASAP

It’s strange it hasn’t been picked up by now as there are systems in place with tax office and benefits so I would be concerned your employer isn’t on the level....

I know payroll didn't amend there data I hope they don't penalise me for this

Just read your thread sadmum and sending hugs and strength.