Upcoming Entitlement review with UC compliance

omegamv6
omegamv6 Listener
in Universal Credit (UC)

Morning all, l have since last Wednesday been worrying myself, asking various people and reading some online things to understand my forthcoming interview,

Background

l have been on joint UC claim since May 2019, recieiving Couple, 2 Children, Carers, and LWRCA , Housing elements, last Wednesday l got a journal request that a interview was taking place next week and that l would have to submit 12 months statements for the account that UC comes into ( this would be wifes bank account) it also mentions on the message that " we have information you have undeclared capital"

l have sent the statements as requested and on them it will show primarily funds being transfered to my account and also funds taken out in cash, so l am guessing that the next request will be to see my accounts( which foolishly l wasnt aware you had to declare)

My accounts will also show transfers from wife along with cash deposits using finds from benefits and car sale and insurance funds etc.

My main concerns are:

Would the information they say they have been something to come into light recently? l had again stupidly opened up a Monzo business account because it had a higher cash deposit limit as l have several credit cards to pay out and l couldnt pay out from wifes account. This monzo was only opened from January until August and l say around 7-8 went through it.

Since that day l have very foolishly got my mind into overdrive because my understanding of capital was property, land etc not money and l sure as hell had no idea about the savings thresholds.

This brings me to my other main concern:

During late 2019 and 2021 we took out a couple of bank loans ( £15/35k) for the purpose of home improvements, also Religious pilgrimage, there was also quite large deposits into the account as we were thinking about buying our council flat RTB so we asked family for gifted deposits etc.

At the time none were disclosed simply as l was not aware you had to and thinking they were loans they were going to be used quickley. Please be aware l suffer from various illnesses and hand on heart I DIDNT REALISE these had to be declared, my presumption was l was eligible due to me having WCA assessments and ill heatlh.

Now l am in a massive hole as what to do when they call on Tuesday- l have not had a wink of sleep, eating, and have lost 2kg as l am worried that l will be classed as a benefit fraud, 2 of the accounts have been closed since 24 and looking back to 23 there is clearly times when the threshold was over.

If anyone can give some input as l seriously feel like doing something stupid.

Sorry for the long post

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Comments

  • omegamv6
    omegamv6 Listener
    edited September 5

    I have posted earlier at quite length but not sure if gone through…

    Have a up coming entitlement review which mentions compliance and information to suggest undecalred capital.

    They have requested 12 months statements which l have supplied but these belong to wifes account. It will be clearly seen on statements that funds are being transfered and withdrawn in cash between mine and her account.

    In a nutshell l have realised that during 22-24 quite alot of money went through our accounts in the form of personal loans, family gifts etc and on some occassions we were well over the threshold - l wasnt aware of decalring as l simply didnt know thinking they are short term and money designated for other stuff, couple of accounts no longer exist.

    My health since last Wed has gone into overdrive as l cant work out if what info they have is new or historical- had a monzo account which l closed last month so that might be a trigger, my other accounts didnt declare as again l was not aware.

    My main is getting convicted and going into prison for fraud😓

    l have seen similar posts on here , my question is what do l do for forthcoming interview?

  • omegamv6
    omegamv6 Listener
    edited September 5

    I know that now when amounts crossed threshold, UC was not eligible so no entitlement and repayment required, l seriously cannot sleep or eat thinking what they will think and question me

  • Kimi87
    Kimi87 Championing
    edited September 5

    Answer all questions honestly and give all information that is requested.

    It's the amount of capital on the last day of your Assessment Period that matter the most.

    £16k+ probably should have been reported immediately at any point, but if it naturally went below again by the end of your AP personally I'd argue that didn't need reporting.

    You won't be convicted of fraud or go to prison - worst case is they calculate you owe them money for receiving UC you were not entitled to and a small fine of £50.

    Are you getting any support with the health problems this is causing you?

  • omegamv6
    omegamv6 Listener
    edited September 5

    Thanks for that, from looking at online statements now it really looks like bad- all of the money is from loan, family sources just absolutely hanging my head in shame and my mental health already getting worse😓

  • omegamv6
    omegamv6 Listener
    edited September 5

    So looking at my UC account my AP is from the 2nd to 3rd monthly, are you saying that on the 3rd what amounts were available is what matters? Also there are large transactions surly they would want to know about them?

  • Kimi87
    Kimi87 Championing
    edited September 5 Answer ✓

    Yes generally speaking the amount on the last day of your Assessment Period is what matters the most.

    During reviews they'll ask about small transactions so yes they will probably ask about any large transactions

    If you want to speak to a local welfare rights organisation for advice then this link can help:

    https://advicefinder.turn2us.org.uk/

  • omegamv6
    omegamv6 Listener
    edited September 5

    Im on antedepresants but cleary this hasnt helped, what makes it worse in my opinion is the large deposits and transfers between savings and to family, but l realise that this aint the first time they would have seen this

  • OverlyAnxious
    OverlyAnxious Championing
    edited September 5 Answer ✓
    https://forum.scope.org.uk/discussion/comment/1148168#Comment_1148168

    Hi,

    Those AP dates will be reversed. Your AP's must be 3rd to 2nd of each month.

    So it is the 2nd that is the final day of your AP. With the 3rd being the first day of the next AP. 🙂

  • omegamv6
    omegamv6 Listener
    edited September 5

    Yes lol as you can see l cant think straight right now😚

  • omegamv6
    omegamv6 Listener
    edited September 5

    Ok so would they mention what information they have to suggest? at this stage they have only requested 12 months bank statements of account with UC going in, this wouldnt show much apart from benefits coming in , cash withdrawals and transfers to me

  • Yani09
    Yani09 Empowering

    There is no need to do: ‘something stupid’. Permanent solution to a temporary problem is drastic. You are not a monster, just someone that has not understood the rules..

    Now you know..

    You will need to comply and see what happens. Always a way through murky water.. you have to keep treading to get to the clear again.

  • Carl_Scope
    Carl_Scope Online Community Team

    Hi @omegamv6,

    I'm really sorry to hear how much this has been affecting you. Before getting into the Universal Credit side of things, I want to pick up on what you said about feeling like doing something stupid.

    Your wellbeing is more important than sorting out the benefit review right now. If you feel that you might act on those thoughts or you don't feel able to keep yourself safe, please seek urgent help now. You can call 999 or go to A&E if there is an immediate danger. You can also call Samaritans free on 116 123 at any time. If you can, please also tell someone you trust how badly this is affecting you rather than dealing with it by yourself.

    On the UC review itself: most people find these reviews stressful and I imagine the potential undeclared capital will be adding to that, but I don't think you should assume from that message that they have already decided you have deliberately committed benefit fraud.

    The purpose of the review is to establish what capital you and your partner had, whether it should have been declared, and whether it should have affected the amount of UC you were entitled to. You've already done the right thing by providing the statements they've requested.

    From what you've explained, I think the best approach to Tuesday's call is simply to be open and factual. Explain exactly what you've said here, and provide whatever information they ask for.

    For context, the UC capital rules generally mean that capital up to £6,000 does not affect the award, capital between £6,000 and £16,000 can reduce it, and capital above £16,000 can affect entitlement altogether. But that doesn't necessarily mean every large payment appearing on a bank statement should simply be treated in exactly the same way.

    As others have said, when you had the money, how long for and what happened to it are all important here too.

    Whatever the eventual decision is, there are routes for dealing with benefit decisions and overpayments, and decisions can be challenged where appropriate, try not to let your mind spiral into the worst possible outcomes.

    For right now, the priority really is you. Please reach out to somebody you trust and let them know how overwhelmed you've been feeling.

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