Over £16k, very worried, looking for advice please

MW123

https://forum.scope.org.uk/discussion/comment/964751#Comment_964751

I really think in your case, addressing your situation directly with the DWP is the best way to avoid complications, as they can answer questions specific to your circumstances and advise on how long it will take to calculate any repayment, as only they can answer that question for you.

The DWP does not automatically prosecute claimants for exceeding savings limits or overpayments, each case is investigated individually, and prosecution typically occurs only if there is evidence of fraud. The DWP's primary goal is to recover overpaid benefits and prevent fraud, not to make examples of individuals.

poppy123456

https://forum.scope.org.uk/discussion/comment/964751#Comment_964751

We wouldn’t be able to tell you how long it would take but because it’s from 2020 then it’s not going to be done overnight.

All I can advise is that if all of the ESA is Income Related then it will end once you ring to report the changes to DWP.

Same will apply for housing benefit and council tax reduction.

Once your capital goes below £16,000 you will be able to claim UC but if it’s over £6,000 you will need to report it and they will likely ask for bank statements. If you have any debt you can pay that off without it affecting any potential entitlement to UC because paying it off is allowed when claiming UC.

Dave1993

this is very serious and not telling them is not a good idea this is benefit fraud new government is taking this very seriously

ashmere

https://forum.scope.org.uk/discussion/comment/963534#Comment_963534

@Morgan_Scope Hello. When you were talking about decreasing capital amounts over the capital limit is this what you meant https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide

Chapter 3.31 covers Diminution of capital.

Morgan_Scope

https://forum.scope.org.uk/discussion/comment/965870#Comment_965870

That's a great find @ashmere, thank you.

@munchpump, section 3.31 of the above link might be of interest to you and your situation. I've copied a portion of it below:

"3.33. Where a claimant receiving an income related benefit has capital of £1 or more over the prescribed limit, their entitlement ceases from the day that the capital goes over the limit. If the claimant had been receiving benefit for a length of time and the limit had been exceeded by a small amount near the start of the claim, it would be unfair to expect the claimant to repay the whole amount of benefit paid. If the capital had been properly taken into account from the day it exceeded the limit, it would, over time, potentially have reduced to below the limit in order to provide for living expenses."