Question on if I have acted within Universal Credit rules

Peter32
Peter32 Online Community Member Posts: 2 Listener
edited September 23 in Universal Credit (UC)

I receive Universal Credit and PIP. The PIP primarily due to my mental health affecting my cognitive function.

Two years ago I have been through bankrupcy, in the form of DRO, again primarily due to mental-health and consequent addictions. It was a debt charity that helped put that DRO through, and they helped managed/plan my finances.

Now I have a call with Universal Credit booked this week, with one of their Claim Review Agents, as they've asked to go through my bank statements (which I had sent in to them at their request) during a 60min call.

In recent months, due to my mental health issues feeling worse (cognitively), I have been transferring my monthly Universal Credit payments to my parent's bank-account, so that (A) they can manage my essentials for me such as paying bills and ordering my online groceries shopping, and (B) it makes sure I don't overspend with my tendencies to fall into addictions (i.e. to avoid risk of bankrupcy again).

But…

In doing so, it has come to my attention that I have possibly broken DWP rules by transferring virtually all my Universal Credit money to a family member each month. Which I now have come to realise isn't actually allowed unless I have officially nominated them as an 'appointee' (and so consequently my transferring money to my parent each month may get classed as 'Deprivation of capital'). So it's been a genuine mistake on my part, especially as I was only planning for this to be a temporary arrangement (i.e. for my parent to manage my spending only until my mental-health improved again). And I certainly didn't want to attempt anything that may be deemed fraudulent. I will explain all the above to the Claim Review agent (as to why I've been transferring money to a parent's account each month). And btw my total bank balance is way less than £6000 each month anyway.

But am I likely to be 'sanctioned' for this mistake, even despite my acting in good faith (i.e. I've been transferring my UC funds to my parent's account to avoid running the risk of falling into overspending/bankrupcy again whilst my mental health isn't right)?

I can also provide evidence of discussions with my GP as to fact i've needed my parent to manage my finances for me due to my mental health. And I also have record of emails with that debt charity from a couple of years ago.

So have I acted reasonably enough to avoid being 'sanctioned'? And if I do ask for 'mandatory reconsideration', would it still mean that my next upcoming Universal Credit will get affected regardless?

What should I be prepared to discuss during the call and is there any other evidence/points that I should mention to them?

Thank you in advance.

Comments

  • Albus_Scope
    Albus_Scope Posts: 11,423 Scope Online Community Coordinator

    Morning @Peter32 and welcome to the community.

    I'd try not to panic too much, as you've now asked for a parent to be your appointee, so that'll show that the money previously transferred was for legitimate reasons. You'll just need to explain your problems with previous addictions. I'm sure it'll be ok as it sounds like you have plenty of evidence to back up your claims. 😊

    Though to answer your other questions, if the DWP stop your universal credit, it would remain stopped during any kind of investigation, but would usually be backpaid if the outcome is in your favour.

  • Peter32
    Peter32 Online Community Member Posts: 2 Listener

    Thank you very much Albus. My call with the Claim Review Agent actually got delayed to today, as they couldn't make last week. The call went fine - they did ask me about the transfers of money to a family member, but they felt my reasons for it (as I described in the post) were reasonable enough, so they didn't have further questions or need further evidence beyond that. So I'm feeling relieved about that! Thank you again for the insights and opinions.

  • Albus_Scope
    Albus_Scope Posts: 11,423 Scope Online Community Coordinator

    Phew! I'm really glad it wasn't too painful @Peter32 the reviews always sound a lot worse than they actually are. I think the DWP needs to work on their bedside manner a bit. 😆

  • durhamjaide2001
    durhamjaide2001 Scope Member Posts: 15,320 Championing

    I'm glad it's been sorted as well