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Hi Greeny1210

I would not worry. Your indiscretion is a minor one. As long as your total in savings from all accounts did not cross the £16000 threshold it should not be a serious issue. They will work out what your tariff income from savings should have been. It is about £1 per week for every £250 over £6000. The Compliance officer will then ask you how are you going to pay. If you don't give them a lump sum then there will be deductions from Benefit at the prescribed rate. You may be given a Civil Penalty of £50 if you cannot provide mitigating factors such as mental health issues.

Let me know how you get on.
David

Hi Guys


So it seems I have been a bit of a numpty with my finances, I am not expecting or wanting much sympathy here as I know most of us live hand to mouth, so somebody having savings while on benefits is probably a sin these days, I'll add a brief description of my circumstances, as they have a baring on the next bit. A few years ago I was paralysed due to a rare condition called cauda Equina syndrome, I have managed to fight back (with very little help) to regain some functions, I can walk a bit with aids but only very short distances, My left leg/foot is like 70% paralysed, My bowel/bladder a similar amount and I am in constant agony either from my back where the surgery was or my leg/foot, I suffered with depression and anxiety before this and going out walking in nature, or cycling was my coping strategy, now they have been taken away obviously they have got worse, This all happened when I was 37 and had just got married weeks before the "accident" also recently found out I have undiagnosed ADHD (explains my life pattern from school onwards) I am also on more drugs than you'd have found at a 90s rave so I am off my napper half the time. I get ESA & Higher rates PIP

So, in Feb, I got a letter asking me to attend a phone compliance interview. I didn't think much of it after looking it up, as I had done nothing wrong in my mind. Anyway, it turns out the HMRC reported to the DWP that I have X amount over the £6000 limit, which I technically did but as I explained to the interviewer, I had a savings account with around £5500 in it, and that was my savings (in my mind) and 2 current accounts which ebbed and flowed between £500-£1500 each (I did not consider these savings as they were not to me, it was up and down with bills, online groceries etc, but how I see it doesn't seem to matter to them what I consider savings)

We Moved into a new house in 2022 after a 5 year wait, it had nothing just bare floors and yellow painted walls so we have had a job & half making it half decent, we got the basic stuff like carpets, oven, washer, beds etc. but a lot of stuff is hard as I Can’t drive getting out and about is very difficult, and I am worn out very quickly so long story short a lot of stuff just hasn’t been bought (My wife is Autistic so hates shopping too) anything I have bought has been online and I have barely left the house in years, so in short I have not been spending the money “fast enough” I was also trying to save for various things like driving lessons, Car, failing that mobility scooter to try and improve quality of life, a honeymoon we never got to have (not been on holiday for 14 years at all) and various other essentials. Also I “owe” British gas £3500 due to not being able to sort out numerous issues (over charging/wrong meter reads/crap customer service) I have been paying £100 p/m which was our price before they hiked it up 2/3 years ago so I was also deducting that in my head Vs “savings”.

Anyway they have requested ALL statements from all accounts since Jan 2022 which is a pain but whatever happy to do so, Going through these I can see I have been above the £6k (by a fair bit on some occasions My Dad sent me £6000 (£3000 x 2) in 2022 to help out (part of his inheritance from my grandad) which I said not to and just let me ask for it when needed but trying to explain why felt a bit of an insult, I just put it to one side and forgot about it tbh in an old saving account. (I have sent him this back now.)

Ok I have been trying to type this message/question for almost 2 weeks now so it will have to do (I am wiped out very quickly) in a way I just do not care as I do not have a life anymore but I was hoping to improve my lot a bit with the savings so I can get out more and perhaps see some specialists (NHS have offered very little help, been waiting 6 years for ADHD assesment and 5 for MH help)
Also, it is not fair to my wife to just roll over with whatever they come at me with.

Basically looking for any advice, should I contact someone now, like a solicitor or wait till they hit me with whatever (given what they are doing to disabled people, I am not expecting them to care about what/why and whens or how w*nk my life is.
If so, who should I contact?

P.S. When did they last change the savings limits? because £6000 is worth about half what it was 5 years ago?


If you read this far, God bless you

Hi soulgal

I don't think being late to inform the DWP of a pension increase is Benefit Fraud. It would be more a DWP Compliance issue. Though you could still get a Civil Penalty of about £50.

David

Hi Guys

So it seems I have been a bit of a numpty with my finances, I am not expecting or wanting much sympathy here as I know most of us live hand to mouth, so somebody having savings while on benefits is probably a sin these days, I'll just add a brief description of my circumstances, as they have a baring on the next bit. A few years ago I was paralysed due to a rare condition called cauda Equina syndrome, I have managed to fight back (with very little help) to regain some functions, I can walk a bit with aids but only very short distances, My left leg/foot is like 70% paralysed, My bowel/bladder a similar amount and I am in constant agony either from my back where the surgery was or my leg/foot, I suffered with depression and anxiety before this and going out walking in nature, or cycling was my coping strategy, now they have been taken away obviously they have got worse, This all happened when I was 37 and had just got married weeks before the "accident" also recently found out I have undiagnoed ADHD (explains my life pattern from school onwards) I am also on more drugs than you'd have found at a 90s rave so I am off my napper half the time. I get ESA

So, in Fe,b I got a letter asking me to attend a phone compliance interview. I didn't think much of it after looking it up as I had done nothing wrong in my mind. Anyway, it turns out the HMRC reported to the DWP that I have X amount over the £6000 limit, which I technically did but as I explained to the interviewer, I had a savings account with around £5500 in it, and that was my savings (in my mind) and 2 current accounts which ebbed and flowed between £1000-£2000 each (I did not consider these savings as they were not to me, but how I see it doesn't seem to matter)

Do you have to supply 4 months bank statements when you first migrate, or is that just for the reviews and compliance checks ? Or is it just bank details for your payments to be made ?
Thanks

Hmmm that still doesn't clear it up for me i'm afraid.

Are you saying if i had left the money where it was, it would be disregarded or moved it to his savings account, it would be disregarded?

But because it was spent on energy, it will be viewed as deliberated deprivation of capital?!

That hardly seems fair but i do see what you're saying, although i made such a hash of dealing with his account, i think it's probably pretty obvious to them that i didn't have any clue what i was doing!

My son has sufficient capital to pay back what's owed (unless it is more than 15k) so i just wish they'd hurry up with their processes.

His claim was closed in January.


I told them right away they'd need to pull in all statements going back to claim start because i had never declared current acc savings.

The claim actually should have closed in October 24 if what you say is right and the COL is not going to be disregarded.

His account shows it closed as of December 24 but i expect they will adjust that date when they get to it.

He doesn't need UC (though his NI contributions have stopped and for reasons i won't go into he cannot pay voluntary ones)

But obviously, the overpayment due will be higher if COL is not going to be disregarded on his claim.

The only reason i put in the MR was so they could apply that and get the overpayments right!!! That's very annoying that welfare rights misinformed me. Grrrrrrr!!!!


It looks like his claim was correctly closed after all. Though there was never any intention to deliberately reduce capital. I had never heard of such a thing til recently!

We were facing a 4k energy bill as we are a large household. My son's benefit money is all kept seperately for him as it should be but he doesn't spend it. We are all non disabled working people who have less money than him, so when these COL payments came, it was yet more money he didn't need and paying the household energy seemed a very good use of the extra payments.

I already went to the job centre in january but it wasn't a compliance interview. They just checked the past 3 months' statements and closed the claim.

I only found out about COL subsequent to that. That's when i put in the MR.
Wish i hadn't now. It must have slowed things down!

Thanks for your advice.

Hi Anisty

You say "That is what i told my local welfare rights officer - that i had removed the COL payments from my son's account and put them into my energy account where they were spent on energy."
The DWP would be right to say that the money taken from your son's account regardless of whose account it was sent to, was still in fact his for Benefits Capital/Savings purposes. They term this sort of money Beneficial capital.

If it was spent with the intention of deliberately reducing capital then they will still include it as savings under the Notional Capital rules.

You may be asked to attend your nearest Jobcentre for an interview with DWP Compliance who will look at all the bank statements ingoings and outgoings and noting under DWP rules whenever total savings go only £1 over £16000.

They would look also at Beneficial capital which originated from your son but is in any type of account in your name.

It will be the Compliance Team which makes the decision regarding claim closure for excess capital. Again you can ask for a MR and then go to Tribunal.

David

So from what I'm understanding I should inform them only if I recieve a compliance of interest request? Also to ensure from now on to keep the account total to below £6000? Is that all?

I have saved all statements should they be needed in future. Once again appreciate the advice.

Hi Oali

It depends on who paid the money into the account. If the total savings and investments are under £6000 there is nothing to worry about.
I don't think there is a need to inform the DWP at present unless there was a previous Compliance interest in the UC claim. Make sure you spend your money on the usual necessities so that the savings don't go over £6000. If your mother is approaching pension age my advice would be different.

David

Hi all,

In August 2024 my ESA was stopped as DWP had not received requested evidence. I told them I hadn't been asked to send any evidence. DWP told me I had to send in bank statements from when I opened my account to the Compliance Team. This amounted to 8 years of bank statements! I duly printed the statements, at a huge cost of ink and paper to me, and sent them off in the envelopes provided by DWP. According to the Compliance Team they never received them. I told the adviser I could send them again but the Compliance Team said it was too late as they had closed my claim and i would have to apply for UC. This would mean I would lose all back dated monies. I was distraught. After a couple of weeks I asked for Mandatory Reconsideration, the ESA adviser told me that was fine. I never heard anything more, no letters, no forms. When a few weeks later I queried what was happening I was told they had found in my favour. I asked when I would receive ESA again? She said the Mandatory reconsideration was only that I didn't owe DWP any money. The previous adviser had put in a Mandatory reconsideration for the wrong thing. Not for the closure of my ESA.
I still have had no letters of explanation.
I can't appeal and go to Tribunal because because the Mandatory reconsideration was applied to the wrong thing.
I'm at a loss now. I don't know if there's any recourse now or if I just have to give up and claim UC and lose all of that money I should be owed.
Does anyone have any ideas or suggestions to help?

Thank you
Tanya

Hi David, here is what happened.

They never replied on the Journal.
I didnt attend the appointment, and am not in trouble for not attending.
They rang me a few hours after the appointment, and explained my UC is on hold due to needing these "paper" statements.
They have now agreed to a home visit but will be at least a few weeks.
They confirmed it was triggered by me reporting the back payment.
They seem to have no interest in the PIP letter and its the bank statements they really want.
They said I will have to repeat this process "every" time I report a change of financial circumstances.
They said they have never heard of the standard process of uploading evidence followed by a phone appointment.
Call was not in hostile manner, and no mention of compliance.

Hi Hfd

The DWP doesn't have routine access to balances. In the future this may change according to new proposed legislation. I would not worry at all. They are not going to summon you to the Jobcentre for a Compliance interview for £5 which is approx. what the tariff income would be on that amount.

David

Its signed by "new claims team" for my area.

I was taken over the 6k limit by a PIP backdated payment as my PIP award was increased earlier in the month and resulted in a large backdated payment, I reported it as a change of circumstances, the journal entry also makes it clear it is as a result of reporting the change of circumstances.

It is written in a way that is threatening, it says I may be prosecuted or fined if I supply wrong information, and also if I dont turn up for the appointment my claim will be closed. But there is no mention of compliance.

Hi cc

Who has asked you to attend the Jobcentre .... a Compliance Officer or a Work Coach? Are your savings over the £6k or £16k limit ?

David

Hi Table

I do not have access to the parameters that the DWP Compliance Team would use to analyse capital investigations.
Maybe you could search online in this and other discussion forums for people's experiences with the Compliance Team.
You will find the general rules here -
assets.publishing.service.gov.uk/media/6...3732222d/dmgch52.pdf

Hope this helps
David

So to clarify.

Didn't know of capital limit

I went over the 6000 limit starting from spring 2023 to spring 2024. 10000 at this point.

In the summer of 2024 I paid back parents for living expenses. Never paid enough.

This is the reason why the money built up. It’s sad. Really sad. Now there is an overpayment.

1-2k transfers total 5k for parents

also metal 4k. Gold silver

So a lot over 3 months.

Account from after this went down to around 1-2k and is same now.

Do I call them now and explain. How serious is it?

How pedantic are they if your account goes say 50 pounds over 60000 for 2 weeks. Then it’s down to 4-5k after something is bought

David I know you said the compliance team should not stop the move over.

But then then I have moved over without telling them first

Declare metal in savings when moving over. But I never told them I brought it last summer.

As the price of metal increases you pushed out of capital limit?

I want it sold to parents or back as cash.

Hi Table,

I think it would be a good idea to make yourself familiar with the DWP Guidance regarding savings etc. The link is here --
www.gov.uk/guidance/universal-credit-mon...ings-and-investments

As far as UC Managed Migration is concerned I am pretty sure that a Compliance investigation will not delay the move to UC.

Let me know how you get on.
David

Hi DS901,

You said earlier "Last October, I had a compliance interview where the officer stated that the review was based solely on my savings." The investigation has now escalated and
looking at the previous posts you have made I think you are best advised to get some personal help regarding this issue from a local Welfare Rights organisation or Citizens Advice.
Maybe other members can share their experiences on this subject though a lot depends on the individual DWP investigating officer.

David

Hi all,

I’m looking for advice on my current situation with the DWP. I’m now receiving Contribution-Based ESA (CESA) only, having previously been told I was also receiving Income-Related ESA (IR ESA). Last October, I had a compliance interview where the officer stated that the review was based solely on my savings.

During the interview:

The compliance officer confirmed I had been receiving both IR ESA and CESA up until the interview.
He asked for the letter from my former employer confirming the compensation payment I received in 2019, which I had already sent back then.

I told them that since receiving the compensation payment, I have always been over the £16,000 savings threshold. I also disclosed exactly how much I currently have in total.

I sent the requested letter again in November via Special Delivery (which was shown as delivered). I tried calling him for weeks afterward, left messages, but never heard back.

Now, I’ve received another letter from him saying the Decision Manager has returned the case and needs more info before making a decision on whether I need to pay back the overpayment and is asking for the same letter again and now six years of bank statements. They’ve asked me to highlight the compensation payment.

Key Concerns

Why do they now need six years of bank statements? Is this still just about my savings, or could they be looking for something else they’re not telling me?

My mum puts money in my account for food and household shopping for both of us. Could they view this as income, even though it’s entirely spent on essentials?

I’ve spent money over the years on some gambling and mobile games but it was all from my savings or gifts from family. Could this be viewed negatively?

How do I explain transactions like:
Transfers between my accounts (for better savings or accessibility).
Larger sums gifted by my mum for birthdays/Christmas etc or held for her?

Are they going to comb over every transaction and want an explanation?

I’ve been transparent about my finances and will provide what they ask for, but I’m feeling very anxious about what this new request might mean. If anyone has experienced a similar situation or can offer advice, I’d really appreciate it!

Thanks so much for your help.

Hi everyone need some help. The DWP is coming after me for fraud because they say they have had information I am running a puppy breeding business. Let me tell you what happened in 2023 my female dog was 3 years old and we decided to get her a male companion when he was 5 months old my female dog had come into season and I was stupidly unaware he could impregnate her this age long story short he had managed to do just that and pups were on the way. My female had six pups which had to be delivered by C-section and at the same time I had my dog spayed so she can never have pups again, that all cost £2400 so I sold two of the pups for a £1000 each to pay the vet bill and gave the other 4 away to family The DWP now want the last 18 months banks statements because I admitted in a compliance interview that I sold two of the pups to pay the vet bill which I honestly at the time never thought of it as earnings I just wanted to pay the vet bill and now they are coming after me for the £2000 for the pups