Hi all

I'm in a similar situation. On ESA and PIP. I've had a difficult time lately and have taken my eye off the ball with respect to my account balance. Yesterday I checked and it was over 6k: in fact it has been so since the turn of this year. The amount by which I've been over the threshold has fluctuated: at the moment I'm about 1k over but at worst I've been 2.5k over. I'm mortified.

I want to write to the DWP (and my Council, regarding HB) and come clean and apologise for the oversight, but I'm worries about what this might bring. Does anyone have any idea what may happen?

Also, I wondered if I should provide historical bank statements to show details of the overpayment? I don't really like the idea of the DWP trawling through what is my private inf, but I guess they can request, or otherwise get hold of, this info anyway. I'm concerned that the DWP could use details from my statements to concoct a reason to reassess me.

I guess the other option is to keep quiet, spend some money and get the amount down below 6k ... though this doesn't make me feel comfortable either, and of course I cannot keep doing this, not being a lavish spender and not wanting much 'stuff'.

One other thing: yesterday (daftly) I rang a local advice service (I've never used them before), giving details of my issue and my real name. They said they'd ring me back but when they did so all they did was talk about a possible future appointment. Only afterwards did I think - are these advice services trustworthy, and are they under obligation to breach confidentiality and pass on details to the DWP when there is a case that could be seen as fraud? Anyone know? Or am I just feeling paranoid?

Hi and Welcome to CAG

I have created your own thread.....please continue to post here to your thread.

Regards

Andy

If you are receiving ESA and PIP based on the correct information, then you don't have much to worry about. You would have been paid benefit based on your details.

If you don't spend benefit income and allow money to increase above £6k, again not too much to worry about. Above £6k ESA income based benefit would assume 1.8% (approx) interest. PIP is not affected. With Housing Benefit, it would depend on the council authorities reduction scheme rules and you should be able to find these details online.

I would suggest you spend some of it on essentials. E.g any kitchen appliances that might need changing, a new heating bolier, new carpet, any equipment you might need to help with any disability, paying off any debts you might have.

I doubt you would be asked to supply bank statements unless you contacted DWP or the council. I would not worry about the local advice service as they would have responsibility to keep your information confidential.

Just make sure you get your savings down below £6k and don't allow them to go above this amount for over a month.

If you are on ESA contributions based benefit then your savings are not an issue at all.

Many thanks Uncle B.

I think I might find it difficult to spend on essentials - I rent, so a lot of the furnishings and the boiler etc are provided by the landlord.

With regard to the advice service: when I hover over the highlighted word 'confidential' in your post, a box comes up which say -

"Most lawyers and para-legals wouldn't know a duty of confidence if it rose up and bit them on the bum" - I think I probably spoke with someone at a lower level professionally than this, eg an adviser;

and

"Wrong-doings can not be protected by confidentiality, regardless of agreement" - so surely if I know I've been overpaid and don't declare it, that's a wrong-doing?

Thanks again.

You worry too much. Going over the savings limit is notsomething that is criminal and therefore someone in an advice service might pass on information.

You're right: I do worry too much, generally.

But I guess I just don't know how far to trust people. I know there is a lot of anti-claimant feeling out there, and who knows if it permeates advice services? - well, now I recall, I have come across it on one occasion.

Also, surely going over the savings limit for an extended period of time (albeit as an oversight), and not declaring it, is potentially a criminal matter?

Thanks again.

You're right: I do worry too much, generally.

 

But I guess I just don't know how far to trust people. I know there is a lot of anti-claimant feeling out there, and who knows if it permeates advice services? - well, now I recall, I have come across it on one occasion.

 

Also, surely going over the savings limit for an extended period of time (albeit as an oversight), and not declaring it, is potentially a criminal matter?

 

Thanks again.

DWP would deal with it a civil matter and the same with the council. Generally it is people deliberately defrauding the system they go after. These are people claiming benefits saying they are not working and then earning money from work, without declaring it.

Going over a savings limit while on benefits is an administrative issue.

Thanks again.

Searching around, I note that generally the advice seems to be that I should avoid sending bank statements to the DWP with any declaration of having exceeded the threshold. Anyone got any thoughts about why this is? I personally don't want to send them due to the sense of privacy being invaded, but I can't see any way around it, given that they are most likely going to ask to see them anyway (?). Will it be likely to trigger any further investigation/snooping?

Thanks again.

 

Searching around, I note that generally the advice seems to be that I should avoid sending bank statements to the DWP with any declaration of having exceeded the threshold. Anyone got any thoughts about why this is? I personally don't want to send them due to the sense of privacy being invaded, but I can't see any way around it, given that they are most likely going to ask to see them anyway (?). Will it be likely to trigger any further investigation/snooping?

This is my last response. If you are on ESA and PIP, it is unlikely DWP would contact you to ask for Bank statements. If they did, they would simply deduct interest (about 1.8% for the amount exceeding £6k) from your ESA income related benefit for the period you had savings above £6k.

You do realise that there are a few million benefit claimants and they are not watching The Affiliated. Normally DWP and councils contact benefit claimants when they are advised of a change of circumstances.

Sounds like you are having an anxiety attack and you should talk to a friend or relative to rationslise your thoughts. Stop looking around online making yourself more anxious.