Really scared!! We didn't realise we had done anything wrong
Hi all
My husband discovered he had a pension pot he didn't know he had and, as we have had nothing for years, we decided to draw some as lump sum(s) and treat ourselves.
we planned on keeping 20k for a holiday of a lifetime when we retire (both 57) however this hasn't happened
I suffer from Emotionally Unstable Personality disorder and one of the biggest issues is uncontrollable spending and my hubby is a gambler
We have never had anything new for 20 odd years so we thought we could have a wild spend. We initially took 6k (5947 after tax) and bought 3pc suite, ipad, laptop, bedroom furniture
that initial sum didn't last long so we took another sum same amount the following month and again bought items, new kitchen appliances, ps5, fishing tackle 2nd hand, and clothes plus had a holiday in Skegness!!
Again this took care of most of this so again a 3rd sum was taken, clothes, gambling, few more items, paid some bills off. This meant he was well past our plan of keeping the 20k so we thought we might as well get the rest of what we need so again a smaller 4k lump sum taken, holiday again only in UK, more spending, gambling etc
We have had nothing for years and we are literally house bound due to my illness, my hubby is 24/7 carer so has no release hence fishing tackle which he hasn't been able to use yet due to my insecurity. We don't drink, smoke or have any social life and tbh the spending/gambling as gone out of hand
As we never exceeded 6k at any point we never notified ESA as we genuinely believed we didn't need to but, a letter arrived yesterday saying we failed to notify a change of circs due to the pension payments and are requesting bank statements since May when lump sums started, plus explanation of where money has gone with proof. They hae said must be received by 26th Nov or benefit may stop
Banks are saying 2 weeks min for postal statements,
My hubby never leaves money in his account as he has been scammed before so he moves into a savers accunt and transfers back as and when he needs to spend it
We have never exceeded 6k but i am terrified, as he is my appointee, if he would be sent to prison for this as i would commit suicide as without him my life if over
He is thinking of trying to write a letter to them explaining everything in depth but he doesn't think we will be able to achieve their deadline date
Will they just stop our ESA if not received on time?
Please if anybody can offer any advice i would really really appreciate it, is there a way to reuest more time?
The letter from them doesn't have a header it just says "we are reviewing your claim" and need some more information to ensure you are getting the right amount of benefit
SORRY FOR LONG POST BUT I REALLY AM SCARED
Comments
-
Hey there @jacqui2612 I'm so sorry to hear how stressed this is making you, but please try not to worry. Are you able to call the DWP to explain the bank has stated it'll be two weeks minimum to get the statements to you? That would be the place to start.
I'm afraid I don't know a huge deal about ESA and savings and I don't want to get the information wrong, so I'm hoping one of our super smart regulars will be able to assist you soon. But please try not to worry too much, the DWP are more likely to ask for payments back over a length of time, rather than send anyone to prison.1 -
Thanks Albus
I cannot phone but my hubby is my appointee so he could call them.
Just such a worry when we honestly didn't think we needed to say anything
1 -
The original pot was 36k approx but i never intended to take anywhere near that at first
As i only withdrew the smaller sums i never at any point exceeding 6k in my savings
As i intended initially on keeping the 20k for a holiday but that never happened.
i have around 500 left in savings now and about 8 left in pension pot which i don't intend touching until next year when we were now hoping to have a holiday for our 35th anniversary
Thanks for your reply
0 -
My understanding is that pension pots are declared to the dwp as a change of circumstances if you have access to one.
The dwp can then reassess the ir esa based on what you intend to take out?
0 -
@Summerlove
Thanks
It is an awful condition, i even time my husband when he pops the shop as i am that scared he will leave me, pathetic really but reality
I think a truthful letter in the 1st instance will be the approach
We can only be honest and if they don't want to accept it then there's nothing we can do
0 -
Hey @jacqui2612 I'd urge your husband to call the DWP first thing on Monday to explain the situation, the letter may not reach them in time and time is of the essence here.
I've managed to find some information here regarding pension pots.
"If you or your partner do take money from your pension pot, it will be treated as either income or capital, depending on, for example, how regularly you withdraw it.
It is your responsibility to tell the Department for Work and Pensions (DWP) – and your local council where appropriate – if you or your partner take any money from your pension pot."
0 -
That doesn't sound so good. That reads that if we took £1 we should have told them
I will get him to ring tomorrow
Thanks
0 -
It is horrific. My head just runs on overtime thinking he might leave me
0 -
Further to comments received re capital v income
If the decide it is income they could stop my esa altogether plus HB/CT
If that happened how would we survive? can they stop it altogether and leave us penniless
I have been worrying all day since Albus mentioned possibility
As we have very little left we couldn't afford to live
0 -
Would you benefit from getting some local advice next week?
1 -
Hi Kimmy87
I am trying to gather as much advice as possible at min
Tomorrow i will ring around a few advice centres, just trying to get a picture of possibilities
Thanks for your post
0 -
Sorry the link didn't work, but scope has advice about deprevation of assets.
0 -
on 14/05 i took £5947
4/6 4900
24/6 5947
29/7 2550
30/08 3400
17/10 2550 final amount
No intention of touching rest until anniversary holiday next march
Where would i get welfare rights advice pls? Citizens advice?
0 -
I posted a link where you can find local welfare rights organisation (s) 😊
1 -
Where is that link pls?
0 -
Sorry Kimmy i have hardly slept all weekend and my head is fried. i found it sorry again
0 -
Thank you my hubby will try and understand that document
How deep can they look into our life? i feel violated already
They are asking for everyrthing over £300 but i have probably spent £600 on clothes but £20 a time
We wish we never found out about this money now
0 -
One thing i failed to mention is at the end of the demands it does say "inform us whether you expect more payments"
The box they provide for answers is about 2 inches so how we can use that is laughable
Going on your statement re capital or income would that question possibly mean they are unsure? and if we say no, which we will, do you think they will treat as capital?
0 -
As other's have said I highly advise you speak to a professional benefits adviser. This is a complex case and it is best if you can go over the statements with an individual who is knowledgeable with the benefits system. If you have not already you can try your local Citizen's Advice Bureau, you can also try Turn2Us - AdviceFinder, as well as Advicelocal.
0 -
Will the DWP grant me more time do you think?
I have spoken somebody today there but they said somebody will call me back
0
Categories
- All Categories
- 16.3K Start here and say hello!
- 7.7K Coffee lounge
- 122 Games den
- 1.8K People power
- 185 Announcements and information
- 25.6K Talk about life
- 6.2K Everyday life
- 422 Current affairs
- 2.5K Families and carers
- 887 Education and skills
- 2K Work
- 610 Money and bills
- 3.8K Housing and independent living
- 1.2K Transport and travel
- 674 Relationships
- 1.6K Mental health and wellbeing
- 2.6K Talk about your impairment
- 883 Rare, invisible, & undiagnosed conditions
- 945 Neurological impairments and pain
- 2.3K Cerebral Palsy Network
- 1.3K Autism and neurodiversity
- 41.4K Talk about your benefits
- 6.2K Employment & Support Allowance (ESA)
- 20.5K PIP, DLA, ADP & AA
- 9.4K Universal Credit (UC)
- 5.4K Benefits and income