Hi all. I am posting this in the hope someone will be able to tell me how to go about putting this mess right & hopefully get an idea how much trouble I may or not be in.

As a single man I have been on ESA & Housing Benefit for some time due to both cancer treatment and being diagnosed with, but not yet treated for PTSD. Just over a year ago I married my soulmate against a backdrop of personal issues.

I/We have not yet informed the DWP of either our marriage or the fact that she now lives with me. My wife works 16 hours a week earning approximately £128 per week.

My main question is how much trouble am I likely to be facing? Apparently my wife could claim tax credits if she were single...is this the same under our circumstance?

We have very much wanted to sort this issue for some time but fear of what may happen & health issues have prevented this. I just want to come clean and be able to have one less thing to worry about.

What is our actual entitlement? Will I be prosecuted? Is my home at risk?

Any answers or help would be much appreciated. Thank you in advance.

doubt if you'd be prosecuted

your home certainly would never be at risk.

probably all they'd make you do is pay it back by either deductions taken from benefit source or monthly agreement of a figure

Rule of thumb is that any overpayment over £3k is considered for prosecution. That includes housing benefit. You do not say whether you get income related ESA or not. If you do your wifes earnings would be taken into account in the assessment but she would be allowed to work up to 24 hours a week. However she would only be able to earn £20 a week before affecting your benefit.

It is also likely that even if you were not entitled to ESA(IR) that you would be entitled to either all or some HB on your wifes income.

I would say that the longer it goes on the worse it will get.

You could just write everything in a letter to the benefit centre - it might not even get sent to fraud.

Housing benefit comes from your local authority stuff all to do with the DWP.

Where is this "rule of thumb" please? Do you have a link?

Can you visit a local advice centre who deal with the social security system ?

There is also a "better off" calculator on the net you can fill in, which will show you what you may be able to claim.

DO NOT write anything to the DWP yet.

Dont forget to approach the VET's charities too

Housing benefit comes from your local authority stuff all to do with the DWP.

 

 

 

Where is this "rule of thumb" please? Do you have a link?

 

 

Can you visit a local advice centre who deal with the social security system ?

 

 

There is also a "better off" calculator on the net you can fill in, which will show you what you may be able to claim.

 

 

 

DO NOT write anything to the DWP yet.

Its called the single fraud investigation service, the DWP investigate all benefit fraud including tax credits and housing benefit, been this way for some years now. All local authority fraud investigators were TUPE like transferred into the DWP.

The rule of thumb is also the DWP's Prosecution policy.

The rule of thumb is also the DWP's Prosecution policy.

Like I said links to the rule of thumb please, or its just scaremongering.

Let me google that for you

https://www.gov.uk/government/publications/penalties-for-social-security-fraud-and-error/penalties-policy-in-respect-of-social-security-fraud-and-error

see 4.3.4

Let me google that for you

 

 

https://www.gov.uk/government/publications/penalties-for-social-security-fraud-and-error/penalties-policy-in-respect-of-social-security-fraud-and-error

 

 

see 4.3.4

Thanks Tom Tom

Also (but this relates to the 'rule of thumb' amount being £2k)

https://www.cps.gov.uk/legal-guidance/legal-guidance-prosecuting-welfare-rural-and-health-division-cases

The overpayment threshold changed over the last few years to £3k from £2k as too many cases were being passed to CPS so they increased it to lessen the burden on the CPS lawyers, as the majority of cases resulted in an amount between £2k to £3k.

It also meant that compliance could deal with the more low level/accidental type of fraud, leaving the investigators to look at higher levels.

However that being said, if the OP gets in front of this and notifies the issue to the DWP prior to Counter Fraud and Compliance Directorate intervention, the likelihood of any investigation is lowered as they may not refer it to fraud owing to the admission.

Let me google that for you

 

 

https://www.gov.uk/government/publications/penalties-for-social-security-fraud-and-error/penalties-policy-in-respect-of-social-security-fraud-and-error

 

 

see 4.3.4

Excellent TY...