10k

[Mummatothreecubs]

We’ve got £10k in a savings account which honestly is 9years of children’s gifts (birthdays, when they were born, religious ceremony gifts to them)
UC is now looking into our accounts while doing a claim review and although it’s in an account that’s in my name it’s our children’s money. I’ve honestly just not had time to go and open them accounts. I’m torn between withdrawing the cash or asking a sibling to take it off me for now while I open the kids accounts.
In our current accounts joint (without considering the 10k) we have round about 7k. I don’t know what to do, I’ve got a couple of transfers where people have transfered the money and put my child’s name then birthday but others have gifted cash which I’ve just always deposited.

what would be the best option here?

So then it's not the dcs money is it? You can't have it both ways.

How long have you been claiming UC for?

Unfortunately I think it's very likely you will have to repay the money you've been given, as you weren't entitled to claim it with that amount of money in your savings accounts (as others have said, saying it's for your kids won't really wash as otherwise everyone could avoid the savings limit on UC by claiming that). I'd be honest with them and cooperate and see if they can make a payment plan that doesn't leave you too badly off, but I think it's likely a lot of your savings will have to go to pay back the incorrectly claimed UC, unfortunately.

what would be the best option here?

Accept your fate, whatever the reason/excuse, you are in the wrong here and there is no way of getting out of it.

Witness statements from donees will cover it. I used to do benefit tribunals so my area of expertise. As I said upthread she needs proper advice from a law centre.

@PrincessofWells I don't think dwp are really going to believe she had 10 years to sort her childrens bank accounts yet never found time in those ten years. That's a terrible excuse she had time, she didn't do it.

Whitness statements to cover multiple inputs of money including cash the OP put in from 9 years of birthdays, Christmas and other events though? Surely that’s not realistic. OP has had 9 years to sort out putting the money in their DCs name, she hasn’t, there’s no way the DWP will accept this.

I can't see them accepting this 'letters from the gift givers' thing either. The DWP aren't daft, and they are very strict. You could get anyone to write random letters to say they gave this and they gave that. Someone could say they gave £2000 8 years ago. How can it be proven... ?

And how many people must have given the children cash gifts for it to have come to £10,000? In 9 years that is around £1100 a year. Who on earth was giving your children all this money @Mummatothreecubs ??? There are some HIGH cash gifts in there.

The DWP is not going to believe this. Anyone suggesting people write letters saying what they gave and when they gave it is deluded. No way are the DWP going to buy it. And they are not going to believe that you 'didn't have time' to open bank accounts for them either.

Also, there is a strong chance that someone from the DWP reads these boards occasionally, and may see this thread. This is a very popular and well known forum.

Was this a review then or did you migrate from tax credits ?

The dwp won't but in my experience if that's what happened the tribunal will believe it with appropriate evidence.

You can't make things up and get away with it. But that's only my experience of conducting tribunals over 20 years.

Any updates OP?