Page 10 | UC want all my money back…

MapleHazelLatte · 2025-09-19T07:11:54+00:00

I applied for UC when I separated from DC’s father 3 years ago. I have since been living with my parents and he stayed in the house we bought together. I’ve been asking him to take my name of the mortgage to give me my share but he just has been dragging his heels about it. I applied for UC when we split up. i then got a notification to say I was having a review phone call. Apparently someone had accused me of still being with DC’s father. I had to send all my bank statements for the last 3 years and fill out forms regarding the house. Originally I vaguely remember they did say they would disregard the house for 6 months then I heard no more. a couple of months later I was told I had been overpaid but it was only slightly and a manageable amount to pay back. I’ve not got another letter saying I shouldn’t have got UC since 2022 and they want ALL the money back other than the first 6 months. It’s “disallowed” I’ve worked this out to be around £30k. I have no idea what I’m going to do. Anyone else been in this situation ??

User1839474 · 19/09/2025 12:50

Marshmallow4545 · 19/09/2025 11:57

This is such a crazy comparison!

OP hasn't earned the UC money like she has earned her wage. Instead she has applied to the State for benefits and obviously has filled in the application in way that the State (wrongly!) believed she was entitled to £30k in benefits (i.e. tax payers money). This money was fundamentally obtained under false pretences, even if OP claims ignorance. This is fraud, she was never entitled to the money it was therefore never hers and now the DWP want to claw back the money that she never should have been paid in the first place.

I think we need to put this into context. OP has been paid £30K over three years in benefits on top of her wage whilst living with her parents. I presume she will split utility bills, council tax with her parents and doesn't pay them a huge amount of rent. She is now contesting that she didn't have any money to even start court proceedings to force the ex to sell the house and is claiming complete ignorance even though all this information is readily available online.

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It doesn’t sound like fraud to me. Lots of UC staff are poorly trained and I can well believe a mistake has been made at their end. OP has filled forms giving lots of details about the house she owns. She wasn’t hiding it.

Roobarbtwo · 19/09/2025 12:51

Lovingbooks · 19/09/2025 12:49

No she wasn’t after the first 6 months of her claim as she had over 16k in money in a property.

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I think she's already established that she's been over paid. Not sure how people know what her share is worth - she doesn't.

Lemintonic · 19/09/2025 12:52

How refreshing that so many smug 6 figure earning people on here have never had to be in the insidious position of both having to move out of a stable home with all the emotion and trauma that goes with that and also had to navigate a benefits system which is almost impossible to deal with or understand even for professionals (like me) who deal with it day in and day out.

Yes, she should have been more aware when the six months were up, but equally, she clearly gave all of the evidence asked for. The amount of time the DWP take to contact people is criminal and this is a result.

So, instead of arrogantly telling her she is a thief or 'taking money away from the real benefit claimants' (who you all seems to hate anyway) maybe think about coping with a situation you will hopefully never be in.

reversingdumptruckwithnotyreson · 19/09/2025 12:53

Sort of besides the point now but you need to start looking at your situation with a different outlook: it’s not just that “your name is on the house”, effectively you’re part owner too.

It’s your asset and you need to start forcing his hand too. It’s not just some vague concept, I’m surprised they even found you eligible in the beginning but I didn’t know the 6 months thing existed.

Swandry · 19/09/2025 12:56

This is why people need legal advice when they split up, especially when there are joint assets. And also why you should get married. Because it gives you protections and there’s a legal process to go through to get a divorce and everyone’s needs are taken into account.

I am so sorry you’re in this situation @MapleHazelLatte

Blushingm · 19/09/2025 12:57

Lemintonic · 19/09/2025 12:52

How refreshing that so many smug 6 figure earning people on here have never had to be in the insidious position of both having to move out of a stable home with all the emotion and trauma that goes with that and also had to navigate a benefits system which is almost impossible to deal with or understand even for professionals (like me) who deal with it day in and day out.

Yes, she should have been more aware when the six months were up, but equally, she clearly gave all of the evidence asked for. The amount of time the DWP take to contact people is criminal and this is a result.

So, instead of arrogantly telling her she is a thief or 'taking money away from the real benefit claimants' (who you all seems to hate anyway) maybe think about coping with a situation you will hopefully never be in.

But she’s signed/agreed every year that the details DWP were basing their calculations were correct…….when they weren’t. It’s her responsibility

fastingforweightloss · 19/09/2025 12:57

If they have paid you when they shouldn't have, then they can't just demand it back. We had a similar rule when I worked in banking - if you paid money into someones account, and they spent it not being aware, then we were unable to just demand it back - it's something in law, which I can't remember properly. Seek legal advice and argue with them.

Force your ex to sell the house or buy you out - he doesn't get to live there indefinitely!!!!!!!!

ELCismyspiritnana · 19/09/2025 12:59

napody · 19/09/2025 08:30

Ah didn't realise this. That's awful for people (women) in abusive relationships who just need to get out. OP i know UC will be reasonable about timescales and repayment plans. When you talk to citizens advice hopefully they can advise on where to go solicitor-wise. Your ex needs to sell up or pay you out properly.

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If you are fleeing domestic abuse its a different situation as you aren't able to access the property and they acknowledge that its more complicated, so there are still options.

KilkennyCats · 19/09/2025 13:01

fastingforweightloss · 19/09/2025 12:57

If they have paid you when they shouldn't have, then they can't just demand it back. We had a similar rule when I worked in banking - if you paid money into someones account, and they spent it not being aware, then we were unable to just demand it back - it's something in law, which I can't remember properly. Seek legal advice and argue with them.

Force your ex to sell the house or buy you out - he doesn't get to live there indefinitely!!!!!!!!

There’s no such law that makes money paid in error irrecoverable.
Astounding that you worked in banking.

Roobarbtwo · 19/09/2025 13:02

fastingforweightloss · 19/09/2025 12:57

If they have paid you when they shouldn't have, then they can't just demand it back. We had a similar rule when I worked in banking - if you paid money into someones account, and they spent it not being aware, then we were unable to just demand it back - it's something in law, which I can't remember properly. Seek legal advice and argue with them.

Force your ex to sell the house or buy you out - he doesn't get to live there indefinitely!!!!!!!!

Yes the dwp can ask for the money back.

Burningbud1981 · 19/09/2025 13:02

MidnightMusing5 · 19/09/2025 12:15

Think carefully. IF you told them you were living at parents and that your name was on your house and they still continued to pay you then THEY are at fault and the debt can be written off as “official error “.

i strongly advise you go to citizens advice first.

Nope it states in UC legislation all overpayments are recoverable from the claimant no matter who was at fault.

MyrtlethePurpleTurtle · 19/09/2025 13:02

Traceonbase71 · 19/09/2025 11:04

They don't care how people feel. Best to get a lawyer I think. One that deals with benefits etc

Citizens' Advice usually have significant expertise on benefits (and are free!). I would recommend them over a solicitor in private practice you will have to pay for. If necessary CA will signpost you to other places for support.

I say this as a solicitor in practice (and so denigrating my own professions in some respects!) and also having volunteered at Citizens' Advice (not in benefits as I wouldn't have had appropriate expertise)

Theroadt · 19/09/2025 13:03

MapleHazelLatte · 19/09/2025 08:21

My ex won’t sell the house, I’ve asked him before. He said if he buys me out I’d be entitled he worked out to about £16k-£20k so it wouldn’t cover it all. I’m terrified bailiffs are going to turn up at my parents house cos of me. They had asked in my journal a few times if I had got any money out of the house and I’d always said no as my ex still lived there so I thought as I’d been upfront about my name still being on it that it would be ok.

You need to get legal advice because if you co-own the property he cannot refuse to sell.

40weeksmummy · 19/09/2025 13:05

I know very similar situation. There is something else in this story, did you claim that you pay rent while living with partner in his house? 30k is a lot, however, my friend will pay 20k for more than 20 years. She was able to ask for a payment plan despite the fact that she was told multiple times she must pay in full.

Swandry · 19/09/2025 13:05

I would ask for this to be moved to legal advice @MapleHazelLatte as some of the advice here is incorrect.

AInightingale · 19/09/2025 13:09

ELCismyspiritnana · 19/09/2025 12:59

If you are fleeing domestic abuse its a different situation as you aren't able to access the property and they acknowledge that its more complicated, so there are still options.

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There's 'fleeing domestic abuse' and there's having to get out of a horrible dysfunctional relationship with a man, maybe an addict, maybe just a deeply unpleasant individual, that's damaging the quality of all your lives, then realising that he's going to be as uncooperative as possible because the law seems to be on his side. It's harder to prove that, unfortunately.

Roobarbtwo · 19/09/2025 13:11

40weeksmummy · 19/09/2025 13:05

I know very similar situation. There is something else in this story, did you claim that you pay rent while living with partner in his house? 30k is a lot, however, my friend will pay 20k for more than 20 years. She was able to ask for a payment plan despite the fact that she was told multiple times she must pay in full.

Her name is on the mortgage

Booksaresick · 19/09/2025 13:11

I don’t claim UC so don’t know the details but I imagine UC claimants need to sign an annual renewal/ review of benefits declaration?
Can someone advise whether it includes a question such as “do you have savings/ investments/ assets “? What is their worth?

In which case the op should have always answered yes ‘I own a house (jointly) and provide an estimated value of the property.

Answering no would be a fraud.

saying “my name is on the mortgage” is not declaring assets as the question is whether you are the owner.

Coconutter24 · 19/09/2025 13:12

MapleHazelLatte · 19/09/2025 08:21

My ex won’t sell the house, I’ve asked him before. He said if he buys me out I’d be entitled he worked out to about £16k-£20k so it wouldn’t cover it all. I’m terrified bailiffs are going to turn up at my parents house cos of me. They had asked in my journal a few times if I had got any money out of the house and I’d always said no as my ex still lived there so I thought as I’d been upfront about my name still being on it that it would be ok.

You need to get a solicitor to work out how much you’d be owed, not your ex who by the sounds of it would happily screw you over

Roobarbtwo · 19/09/2025 13:13

Booksaresick · 19/09/2025 13:11

I don’t claim UC so don’t know the details but I imagine UC claimants need to sign an annual renewal/ review of benefits declaration?
Can someone advise whether it includes a question such as “do you have savings/ investments/ assets “? What is their worth?

In which case the op should have always answered yes ‘I own a house (jointly) and provide an estimated value of the property.

Answering no would be a fraud.

saying “my name is on the mortgage” is not declaring assets as the question is whether you are the owner.

No they don't. Claimants are expected to report a change of circumstances via their journal. There's no annual review when it comes to savings.

Lurleenlumpkin79 · 19/09/2025 13:15

So anyone with a mortgage can't get Universal Credit or am I wrong? I've not read the whole thread. Maybe I've got it confused. I couldn't see whether OP had fully paid off her mortgage.

Blushingm · 19/09/2025 13:15

Lurleenlumpkin79 · 19/09/2025 13:15

So anyone with a mortgage can't get Universal Credit or am I wrong? I've not read the whole thread. Maybe I've got it confused. I couldn't see whether OP had fully paid off her mortgage.

You can’t get the housing part

TabbyMcTats · 19/09/2025 13:17

@Jollyhockeystickss you’d think that wouldn’t you but no, the benefits system is geared up for many (perhaps even most) people to claim some sort of benefit through one way or another. Then many get caught in the benefits trap as it’s ‘not worth’ working to gain an extra £200 a month. Perhaps like OP who could’ve been working whilst her youngest are in childcare, making use of the ‘funded hours’.

AInightingale · 19/09/2025 13:17

Coconutter24 · 19/09/2025 13:12

You need to get a solicitor to work out how much you’d be owed, not your ex who by the sounds of it would happily screw you over

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One of the solicitors I spoke to said that we (kids and me) would be entitled to a more substantial share than a mere halving of equity as it was their family home. Not sure if that's right? He said it was a complicated situation that needed specialist advice.

DrinkFeckArseBrick · 19/09/2025 13:18

Why doesn't he pay maintenance? Does he not work or self employed or something? You need to sort that out if he is in paid employment

See if you can get some money from a solicitor together and write to him to force him to sell or buy you out. You can use this to prove to UC you're trying to address it