UC want all my money back…

[MapleHazelLatte]

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 ??

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.

That won't happen. The debt won't be written off.

How were they actively compliant?

OP just says she told DWP that she was on the mortgage of a house. That means nothing. The house could be in negative equity for all DWP know. It is OP's responsibility to provide accurate and timely information to DWP about assets She owns and the value of them. She has clearly failed to do this. DWP simply don't have the resources to contact all applicants and double check that people like OP mean exactly what they put on the forms.

No. Payment made in error can of course be reclaimed.

If you have to claim benefits you can’t afford to work part time. It’s shocking that has been allowed.

It's down to the claimant to notify the dwp of a change of circumstances. After six months when the house hadn't been sold she should have notified the dwp of this. They don't have enough staff to check every single claim on a day to day basis. That is why they are having reviews.

She should either have asked for more time to sort the situation out - or closed her claim.

First of all it wasn’t the ‘marital home’, they weren’t married. So the OP has a significant amount of money gaining interest which just happens to be tied up in property. That’s just the same as having that amount in a savings account gathering interest.
Would you be happy for the OP to continue living with her parents, receiving up to £1000k a month in UC plus the associated benefits someone on high UC is entitled to, only working 2 days a week for the next 5 years whilst she owns a property that is increasing in value during that time? She could end up with £100K in equity after that time whilst being handed tens of thousands in UC. How is that in any way right?

Universal credit is an in work benefit as well as for people who are unemployed.

As others have said OP you need specialist benefits advice. I’d suggested asking 2 different places. Find your local law centre and ask them. Plus CAB or similar. It’s a complicated situation and benefits law is extremely complex.
You also need to apply for child maintenance today. Ring CMS and make a claim.
If you split up because he’s abusive then let the benefits adviser know that as that makes a difference. If he isn’t I would definitely consider moving back into the house & share a room with your child/children.

An earned income maybe?

The OP has stated that her ex is being very difficult about the sale of the house. I personally wouldn't put kids back into a toxic environment.

You need to consult a family solicitor

You need to force a sale of the property or one of you buys the other person out of the property

You should claim child maintenance from your ex

Are you married?

You need proper, legal advice

As some posters seem to be questioning benefits being paid when owning house you don’t live it shelter has information regarding the 6 month rule. england.shelter.org.uk/housing_advice/benefits/can_you_get_universal_credit_if_you_own_a_property

That seems to be far too radical a concept for some people!
Astounding.

The primary responsibility is absolutely that of the claimant.

I'd assert though that DWP had a duty of care to OP, and the taxpayer for that matter, to keep on top of disregards before overpayments occur.

If the overpayment is upheld at MT/Appeal it'll go to debt management who can only recover in small monthly installments from UC.

But you should still be expected to work part time. There should not be an option to work part time and receive benefits

@Soontobe60 My mistake, referring to the house as the marital home. I don't understand the ins and outs of the often nonesensical (and often incorrect) workings of the DWP, which is why I suggested the OP contact Citizens Advice or a benefit agency for guidance.

Where is this "significant amount of money"? Do you mean the value of the property itself? We don't know what or where the property is, how the OP and her ex defined the purchase or how much the OP is genuinely entitled to (if her ex's claim that she would only get £20k if he bought her out is correct, she's hardly rolling in it, is she?). It may or may not have value, or it may now be in negative equity or not have increased in value since it was purchased. Not all properties are a goldmine.

As stated, I think the OP needs advice. No, I don't begrudge her financial assistance, as she clearly needs it. I think she's trying to extricate herself from a difficult family situation, she's looking for advice, and hopefully she'll get some informed guidance from a qualified source.

Maybe the dad should have stepped up then.

Maybe employers should pay more and childcare benefits more affordable then? Don't blame the OP.

No, I think we are all in agreement that she cannot continue to bury her head in the sand.

Especially letting your ex keep the house and not even claiming the child support you are entitled to...just why?

Especially when there’s 30 free hours of child care - no excuse to work 2 days a week really

I'm sorry you are completely wrong. The reason that so many people claim UC in work is because their employers don't pay them enough or give them enough hours. A few years ago I was working a zero hours job. When I got offered more hours I always took them but my guaranteed hours were 8 a week.
The OP is also entitled to money for her children. That's the way the system works. UC replaced WTC and it was similar - people on low incomes could apply for WTC to top up their wages

The OP is working part time

I don't think the OP was posting to be judged about her life circumstances

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

A couple of people have made a good point about getting a realistic valuation (e.g. a RICS one rather than one from an enthusiastic estate agent who thinks you want to hear that he can sell your house for one meeeeeeellion pounds) which also takes into account the fact that the house is currently being occupied by someone who doesn't want to leave. That's not quite the same as trying to sell a rental property without vacant possession, because the person in it is also the co-owner, but it will hold up the sale.