Compliance / decision maker

needclarity

I am absolutely scared to death and need an outsiders point of view.

Basically I “think” am being accused of deprivation of capital and I 100% understand why. But it absolutely isn’t what’s happened and I’m so frightened.

I was holding some money from my dad’s house sale (20k) which was owed to various me members of the family. My dad had a mental breakdown and basically sent it me and said sort it out. I put it to one side and didn’t touch it as I was having cancer treatment and family agreed this was more important than paying debts and hold it as a back up incase I needed to fund further treatment. Thankfully I didn’t need it.

1 year later when I entered remission, I sent the 20k to my mum. Got myself a little rented house for me and my children and migrated from TC to UC….. BUT in the same week.

Compliance officer has said this has raised suspicions as it was so close to my claim and wanted to know where it’s gone. I told them it wasn’t mine, never was mine. Do they believe Me? I highly doubt it. The money has gone. To my mum and she paid off 14k loan she had got for my dad and various over family members that had lent money to prevent my dads house from being repossessed. (I was living in my dads house at the time with the children) … was on tax credits but not claiming housing benefit (wasn’t entitled with it being family members house)

When I spoke to the compliance I was open and honest about my savings - sent all bank statements they asked for and answered all questions. She said there is some overpayments from savings (I hadn’t updated the latest figure) from my lifetime isa. Which is fine, obviously happy to pay this back no problem. Updated the new figure on the system and my last 2 payments has reflected this.

I wrote on my journal for an update today and she said it’s gone to a decision maker. This has been going on since before Xmas.

What I’m worried about is I’ve gone searching on Google and now I’m wondering if I have committed fraud? Albeit Unintentionally?? By deprivation of capital? Am I going to go prison? My face all over the papers? It was an innocent transaction and didn’t think I was doing anything wrong . You have 12 months capital disregard when migrating from tax credits to universal credit so surely they will consider that? Why would I rush to “hide” the money if I had 12 month to do so?

I’m a nurse, mum of 2, and I live out of my overdraft and credit cards each month. I do not live a lavish lifestyle and have not intentionally deceited the system. Will they see this on my bank statements and realise I don’t have spare money?

Can I write directly to the decision maker to explain my full circumstances? I do feel like the compliance officer over the phone wasn’t taking into account what I had said. Or should I wait for a decision then say the above as mandatory reconsideration?

Would they have told me if I was being investigated for fraud? Can the decision maker escalate it to fraud?

I would lose my job if this was the case and then I’d have to rely on benefits.

please be kind but honest? thank you for reading

Kimmy87

Personally I would wait for the decision, if it's negative ask for the MR and that's your chance to put your case across.

Albus_Scope

Hey there @needclarity welcome to the community.

I'm so sorry to hear about your situation, I totally get the stress it must be causing you. As Kimmy has said, the best thing to do would be to wait for the decision, then you'll be able to structure a proper response. The other option would be to speak to someone from Citizens Advice and see if they'd be able to offer any more indepth advice? I really hope this can be resolved without any more distress.