Am I going to be prosecuted?

[Thorgy]

Name changed for this.

I feel so stupid. I've been on ESA since 2016, I didn't realise savings were capped at £6000. I was previously on PIP which isn't means tested, I was taken off that and applied for ESA instead as I have a long-term condition. I didn't have over £6000 in savings when I applied but because I still live at home (due to illness) I don't have bills/rent to pay and can't go out much the savings have crept up and I now have just over £9000.

I've received a letter today to go to a compliance interview in the post today. I checked up what it could be for when I got the letter and realised I'm over the savings threshold and should have declared it as an income?

The interview is in 2 weeks time and I'm really worrying about it. Can I phone and offer to pay it back or just wait and see what they say at the interview?

I very much doubt it. From what I just read if you are on "new style" or contribution based esa, savings don't count.

If you aren't on those then every £250 saved above£6,000is treated as £1 income per week. So they'd consider you as having 12 pounds a week income. I can't see how that will affect your benefits much if I have understood that correctly.

If it's a genuine mistake i would imagine they'd just ask you to pay some back. We've made a genuine mistake with Universal Credit before and they just asked us to pay it back. Just be honest.
I'm not 100% sure though, maybe speak to Citizens advice ?

Thanks for the replies. I'm on income related ESA. So it's likely I'd just have to pay back the £12 a week for the last couple of years? Would it go to a court case or be seen as fraud for not declaring? I'm really worrying.

They'll want all your bank statements from 2016 to now.
Then they'll work it out, eg if you had 6250 it'll be £1, per week you owe, and so on.
The max you'll pay back would be £12 a week, based on the 3k over two years, but it won't be that much as you've not had £9000 for the whole 2 years.
Another plus point, you may have been on contribution based ESA the first year if you'd been in employment before?
If that were the case any savings would be disregarded for one year until you transfer to income related ESA.
Don't worry, all they want is the truth, you explain it.
You'll get an amount due sent when they've received your statements.
I paid mine back in one go, or you can pay installments, but bear in mind you'll also have your ESA reduced in top.
Oh and do think about claiming pip again, seeing as you receive ESA.

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Thank you. Do I need to take all bank statements with me? The letter only says the latest one?

I haven't had contribution based ESA before. I got ill the last year of 6th form, had to leave school without finishing A-levels so haven't worked.

I was on PIP before, had to attend an interview to review claim and they said I wasn't entitled anymore - most of what they put in the letter wasn't true and wasn't what I'd said in the interview but I couldn't face going through an appeal. I've never over-claimed or taken a lot of what I was entitled to (never had housing benefit or any other claims), I've only ever had one disability benefit at a time so feel stupid for ending up in this situation.

Take the one statement for now, be honest, and explain that your savings were less two or so years ago.
They should work it out in increments.
They will probably ask you to send the two years worth off to be looked at, as the compliance person doesn't deal with repayments.
You weren't aware of the £6k rule, you're not the first, please don't worry.
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