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UC fraud (?)- what do I do?

77 replies

anxiousship · 24/12/2024 14:19

Hi all
I need advice, I am a total trainwreck and can't get my sh&^ together on how stressed I am now.

I work full-time, single mother, renting, my child is disabled.
I have applied for UC 2 years ago and declared the savings I had which was £10k, was getting UC every month since then. UC would contain of disabled child element, single parent, rent and childcare and deduction for the 10k savings.

UC could see my salary every month through the NIN or wherever they get the information from. I was never contacted by UC for any questions and the only time when I needed to log in is to declare childcare costs ( wraparound care). I live in London and the rent is quite high so is the childcare (around £400 a month), so I was getting around £600 a month despite me working full-time on a "good-ish" job, which was a massive help.

Yesterday I was reading a random article about savings and what classified as savings and I realised that the Young Saver account which I have opened years ago for my child, where I and my ex-husband transfer money monthly) has to be declared too because even though it is a Young Saver it is on my name and I have access to the funds. I have realised that because of that and me not declaring it I have committed a massive fraud as I did not declare my savings in full!

When I opened UC account, it was around £4k in savings in Young Saver, but it grew to over £6k in savings in the last year or so which means that last year or so I should not have been eligible for UC at all due to the £16k threshold, meaning that I unintentionally committed a fraud!

I am sure when I opened the UC account it said that child accounts does not count as savings but I never read the "small prints" that if it is on my name, even if it is a Young Saver it should have been! I am mortified. I think it is only some children's account like trusts which are disregarded, which is not my case ( I know now!).

So in the first year I should have reported around 14k in savings instead of 16k in savings so I would be still eligible for the UC just it would be reduced more according to 14k savings and not 10k savings but in the second year when it would go to 16k over I would not be eligible for it at all and I was getting it!

I had a massive meltdown and panic and I went to my UC account and declared the change in savings backdating it to almost a year ( it is hard, because between 3 accounts I do not know when exactly the threshold went over the 16k) also, between then and now there were times when it would be under the 16k due to outgoings from my current account, but STILL I should have declared it because I had more than 10k in savings which I declared from the beginning.

Again, I feel so guilty and so mortified on what will happen now. As I said, I declared it on my UC account and I also added a message in my journal explaining all I have explained here, that I simply thought that Young Saver is not classified as savings except for now I know it does. I obviously mentioned that I am happy to repay it all back and that it was a genuine (stupidity) mistake and I do apologise.

Some people online said "just go and take out cash" but I did not want to do it because I was planning to buy a little flat on 5% mortgage and I need 14k for that anyway, so I do not want to do anything illegal.

I am ready to give all the overpaid money back and of course my UC account being closed, but will I be prosecuted? will I go to prison? I have no family in the country and who would look after my disabled child if they sent me to prison?

I have called the UC advice line crying but they just said that "mistakes happen" and that I did the right thing on reporting it now and leaving a message in the journal explaining all that and they were empathetic and said that I won't go to prison, but I am totally devastated, I really did not realise that I am a fraudster. Am I?

Any advice would be much appreciated. Please do not beat me too much, I really did not know that I am so bloody stupid.

What is next? I guess they will need my bank statements for two years or so and start investigation? How can I and what do I do to avoid the prosecution ( court and prison) , I will of course pay all I owe back ( I know they take it in installments and pay the fine if needed).

OP posts:
SoulMole · 24/12/2024 14:23

I don't know enough about UC and benefits to help with that, but I do work in the CJS and am confident that you won't go to prison. Please don't let it spoil your Christmas. You've realised your error and you've reported it rather than being 'found out'.

Garlicwest · 24/12/2024 14:27

You'll just pay by instalments. They will never leave you with less than the government says you need to live on, taking your situation into account. I'm happy to hear they were nice when you fessed up!

Chill out and have a nice Christmas 🎄

anxiousship · 24/12/2024 14:27

SoulMole · 24/12/2024 14:23

I don't know enough about UC and benefits to help with that, but I do work in the CJS and am confident that you won't go to prison. Please don't let it spoil your Christmas. You've realised your error and you've reported it rather than being 'found out'.

Edited

Thank you, I really hope so! All I am worried is what would happen to my child if I go to prison, I have no family at all and my ex-husband lives in a room in a shared household with his gf, so my child would not be able to be with him.

I already cancelled our Xmas plans because I have not slept and physically shaking.

Will I be given a CJS or not sure how it is called which means I won't be now able to buy a flat or take the mortgage? Although, this is not my main worry now of course even though I have already applied for the mortgage.

Sorry for so much info again

OP posts:
Crunk · 24/12/2024 14:27

Why not just transfer the money to an account you can't access instead? Eg junior ISA. Seems mad to give up UC when the savings weren't for you, and other people are also contributing to them.

ItOnlyTakesTwoMinutes · 24/12/2024 14:29

I honestly think you will be fine, you may have to pay some money back but they won’t prosecute you. You haven’t been ‘caught out’ by them and even if you were it wouldn’t be worth them prosecuting you because the cost to the tax payer would way exceed what you owe.

It was clearly a genuine mistake which you owned up to. As I said, you may owe them some money but that’s it. You should change your child’s account to an account in their name or transfer that money to them.

anxiousship · 24/12/2024 14:29

Garlicwest · 24/12/2024 14:27

You'll just pay by instalments. They will never leave you with less than the government says you need to live on, taking your situation into account. I'm happy to hear they were nice when you fessed up!

Chill out and have a nice Christmas 🎄

I will of course pay by instalments or if needed take out a loan to repay it, I am just afraid to be prosecuted.
The person on the phone though I am sure not the person who will be dealing with my claim, they did not even ask for my details, I just told them the story and they said that I did what I had to do and to try and calm down and that mistakes happen.
Thanks for your reply!

OP posts:
SoulMole · 24/12/2024 14:32

anxiousship · 24/12/2024 14:27

Thank you, I really hope so! All I am worried is what would happen to my child if I go to prison, I have no family at all and my ex-husband lives in a room in a shared household with his gf, so my child would not be able to be with him.

I already cancelled our Xmas plans because I have not slept and physically shaking.

Will I be given a CJS or not sure how it is called which means I won't be now able to buy a flat or take the mortgage? Although, this is not my main worry now of course even though I have already applied for the mortgage.

Sorry for so much info again

Do you mean a CCJ? I don't believe so.

I can see why you'd worry. Anyone would. But it will all work out, honestly. There's no suggestion of a prosecution. And we can't afford to imprison non-risky people anyway!

anxiousship · 24/12/2024 14:33

Crunk · 24/12/2024 14:27

Why not just transfer the money to an account you can't access instead? Eg junior ISA. Seems mad to give up UC when the savings weren't for you, and other people are also contributing to them.

Because I am an idiot and I did not know the difference between accounts. I thought it is a Junior ISA but it is not because I can take this money at any time. Like I have taken a chunk out of it when I had to pay for my son's therapist report for the EHCP ( the education plan for disabled children).

OP posts:
anxiousship · 24/12/2024 14:34

ItOnlyTakesTwoMinutes · 24/12/2024 14:29

I honestly think you will be fine, you may have to pay some money back but they won’t prosecute you. You haven’t been ‘caught out’ by them and even if you were it wouldn’t be worth them prosecuting you because the cost to the tax payer would way exceed what you owe.

It was clearly a genuine mistake which you owned up to. As I said, you may owe them some money but that’s it. You should change your child’s account to an account in their name or transfer that money to them.

It is a lot I owe them though! If it is a year of £600 monthly, but I am ready to give all back as soon as possible and the fine as long as I am not counted as a criminal. Thank you for the reply 🙏

OP posts:
Shiningout · 24/12/2024 15:14

Op they didn't catch you out or anything you are the one reporting yourself and offering to pay back the extra money, youre not going to go to prison, 100 percent so stop thinking that.

You may or may not have to pay some back but please don't sit over Christmas worrying about prison and things like that.

anxiousship · 24/12/2024 15:27

Shiningout · 24/12/2024 15:14

Op they didn't catch you out or anything you are the one reporting yourself and offering to pay back the extra money, youre not going to go to prison, 100 percent so stop thinking that.

You may or may not have to pay some back but please don't sit over Christmas worrying about prison and things like that.

Thank you for your reply 😓

OP posts:
EmmaMaria · 24/12/2024 15:31

Fraud is the INTENTION to deprive someone of money - you didn't intend to, and you have corrected it as soon as you realised what you had done. You aren't a criminal and nothing owrse than having to repay the overpayment is going to happen. Relax and enjoy Christmas.

Cornflakelover · 24/12/2024 15:47

You aren’t going to prison - they are full😂 they don’t have room for proper criminals let alone you

honestly relax have a glass of wine and eat crap Turkey

worse case is you will get an admin fine of £50 or so
you will need to provide statements going back to when they were opened so start getting this together .

they will calculate the overpayment and you will pay it back

relax and enjoy Christmas

anxiousship · 24/12/2024 16:00

hi ladies
thanks for all your replies
just to update: they now booked me an appointment end of next week and asked to bring all the bank statements, which I will of course do.
I am so embarrassed to attend this... but I will pay everything back, I just hope they will allow the instalments plan for this.
I hope I do not need to bring any solicitor or something with me and I really hope it will be a fine and repayments only. Total trainwreck in my brain now.

OP posts:
ByQuaintAzureWasp · 24/12/2024 16:03

Change the young saver into fathers name only

anxiousship · 24/12/2024 16:12

ByQuaintAzureWasp · 24/12/2024 16:03

Change the young saver into fathers name only

not possible :(

OP posts:
TiredArse · 24/12/2024 16:55

Is the account in their name? With you also on the account? But the money is theirs?

anxiousship · 24/12/2024 17:08

TiredArse · 24/12/2024 16:55

Is the account in their name? With you also on the account? But the money is theirs?

Yes, it is called Young Savers account, they have the details of my child there as it is opened for my child as a special account only for children but it is under my name and I have access to it at any time.

OP posts:
sashh · 24/12/2024 17:16

Calm down. Believe it or not there are nice people who work dealing with UC.

You made a mistake, they have bigger fish to fry, if you do owe them they will take it back in small amounts, please try to shelve this until after Xmas.

TiredArse · 24/12/2024 17:25

anxiousship · 24/12/2024 17:08

Yes, it is called Young Savers account, they have the details of my child there as it is opened for my child as a special account only for children but it is under my name and I have access to it at any time.

I’m not entirely sure it counts as your savings then?

TiredArse · 24/12/2024 17:31

This was linked to in another thread. assets.publishing.service.gov.uk/media/65d336b3e1bdec2be1322238/admh1.pdf

BoobyDazzler · 24/12/2024 17:38

Crunk · 24/12/2024 14:27

Why not just transfer the money to an account you can't access instead? Eg junior ISA. Seems mad to give up UC when the savings weren't for you, and other people are also contributing to them.

This is what I’d do and I wouldn’t say a thing.

Vanillabourbon · 24/12/2024 18:01

Transfer it to an Isa in trust. It will be in your name but your child won't be able to take money out until they are 18.
This doesn't count towards any savings you have

slightlydistrac · 24/12/2024 18:05

This is NOT fraud. It is an accidental error on your part, which you are now endeavouring to put right.

Fraud is deliberate, and you did it by mistake. Please try not to worry.

ItOnlyTakesTwoMinutes · 24/12/2024 18:43

anxiousship · 24/12/2024 17:08

Yes, it is called Young Savers account, they have the details of my child there as it is opened for my child as a special account only for children but it is under my name and I have access to it at any time.

I actually think there’s quite a high chance that this won’t count at all tbh.

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