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
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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
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I am so sorry to hear you are going through this, it sounds very stressful. I am afraid I cannot offer much advice on the benefits system as I only receive PIP, but from what I understand, it is a good sign that the DWP has not accused you of fraud. It seems they are just reviewing your claim to check your finances and ensure you are receiving the correct amount.
Given your concerns about the deadline, I would recommend contacting them as soon as possible. Explain the situation with the bank statements and request an extension. They I am sure will be understanding if you let them know why it might take longer and you are showing you are willing to cooperate.
As for your worries about your husband, it is very unlikely he would face prison over this. The DWP typically handles these cases by setting up a repayment plan if there has been an overpayment rather than taking legal action, especially when it is a genuine mistake, as it seems to be in your situation.
Stay strong, and I really hope everything gets sorted out soon. Take care of yourself.
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Thank you for that
I think my hubby thinks if he writes to them and explains the situation in as much detail as possible whilst we wait for bank statements hopefully they will accept that. similar to details in this post but in greater depth
one thing that i didn't mention is they are asking for payments over £300 only so i don't know if that is a good thing or bad as we have spent lots of 100s rather than 1000s
He says he will try and ring them in the week to explain as well and request more time
Thanks again for reply
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As I mentioned, I'm not very familiar with the benefits system, but it seems like they are looking into any payments over £300 to get a clearer picture of how the money was spent. They may want to confirm whether these payments were for necessary purchases (such as furniture, appliances, or bills), or if they suspect the money might have been given away, transferred to someone else, or spent quickly to intentionally reduce your savings. Again, this is just my personal interpretation, and I don't have detailed knowledge of the process. Hopefully, one of our members with more experience in means-tested benefits can offer more informed advice.
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When I had my council review any incoming transaction over £500, I was asked to explain what it was.
Was the pension pot 20k? I'm hindsight yes you should have let esa know as over 16k that benefit would cease. It's possible they will want you to pay back what to them would show as an overpayment for those four months. Depending on your balance on the 16 Nov if you are still over the 6000 threshold they will deduct for every £250 you are over.
Do you claim housing benefit as I think that stops after 16k.
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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
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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?
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Oh I'm so sorry one of my diagnosis is same so I can understand it must be putting fear of God in you.
In not thinking prison will happen its not benefit fraud its just not understanding a need to inform them of these amounts.
Benefit fraud can usually result in a £5000 fine and some benefits stopped for 3 years but only some benefits not all and obviously they can claw back any overpayment.
But it doesn't sound like what's happened is benefit fraud.
Maybe they can overlook limit of up to £16,000 anyway....if that was in your savings say and you'd spent it then that would be allowed wouldn't it.
It's just this has come from a pension pot instead which you didn't realise you had to report
So a good letter explaining it and just dlsoory didn't realise and hope it blows over 💕
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That's should read a good letter and say sorry unaware that should read 💕
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@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
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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."
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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
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Yes it's awful condition what you say about husband is very much part of it 💕
I have spent literally years in torment about loved ones being old and may die and abandoned...it takes up lots of my thoughts repeatedly daily. Nobody can handle itso I just internalise it as best I can but it's obvious as they are very restricted through me being unable to be left for long and that's just one of the symptomsas you also touched on some more my heart goes out to those suffering 💕
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It is horrific. My head just runs on overtime thinking he might leave me
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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
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Would you benefit from getting some local advice next week?
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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
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I'm also worried when I was in relationship he gave me a grand for birthday xams birthday near Christmas and he'd give me some hear and now and daughter would sometimes the think if it was fraud wouldn't do online would just draw cash out I squander money buy endless face creams if they ask on what date you brought this I won't remember can they actually stop all benefits
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If they set up a payment plan will they take your benefit away or just lower amount
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