DWP investigation

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Sideways Tim

Original Poster:

808 posts

185 months

Tuesday 25th April 2017
quotequote all
A friend of mine has been unable to work due to health reasons for many years now. The DWP have asked for financial info as they have discovered an ISA that my pal didn't know their parents had set up for them.

Parents are now out of the picture, but the ISA is still being topped up. What we're worried about is the DWP bringing a fraud case.

Is there anyone to get advise from about this kind of thing?

weeboot

1,063 posts

98 months

Tuesday 25th April 2017
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Someone in my ex's family ended up with a spell behind bars for much the same reason.

AyBee

10,522 posts

201 months

Tuesday 25th April 2017
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Who's topping up the ISA if the parents are out of the picture?

Vaud

50,282 posts

154 months

Tuesday 25th April 2017
quotequote all

"an ISA that my pal didn't know their parents had set up for them"

"Parents are now out of the picture, but the ISA is still being topped up."

From where is it being topped up? His account? I'm assuming they are passed away, so it can't be from their funds.

You can't open accounts without identity checks, and haven't been able to for some time, something doesn't add up?

xjay1337

15,966 posts

117 months

Tuesday 25th April 2017
quotequote all
I doubt you would have to go to jail for that.
If it wasn't something your friend was aware of, then explain that - I'm sure there is paperwork backing that up.
If your friend is paying into it regularly then harder case...

Heres Johnny

7,175 posts

123 months

Tuesday 25th April 2017
quotequote all
How does the ISA keep getting topped up if the parents are out the picture?

What is the correspondence address on the ISA?

They just need to follow the money and the paperwork.

If it comes back to them, then whatever they say, you have to ask yourself if you really believe them. Very few people ever believe a relative or friend of theirs is crooked, But its bound to happen to someone.

There are far too few details to be able to make any statement about penalty if they're guilty, but the DWP aren't going to back down once they have the bit between their teeth.

Sideways Tim

Original Poster:

808 posts

185 months

Tuesday 25th April 2017
quotequote all
Wealthy parents that set things in place and there's either a fund or something in place with the family accountants that keep paying into the ISA.
The DWP getting touch was the first time he new about the ISA.

Jail seems a bit strong frown

Part of the disability is an inability to deal with facts and figures. I guess legal advice is probably a good idea.

KungFuPanda

4,324 posts

169 months

Tuesday 25th April 2017
quotequote all
From a common sense point of view would be a visit to the family accountants who would be able to provide dates and other infomation to back up the assertion that the ISA was set up by he parents for your friend and your friend didn't know anything about it.

Furthermore, it would help them even more if they hadn't touched the ISA whatsoever.

daveinhampshire

527 posts

125 months

Tuesday 25th April 2017
quotequote all
Your friend appears to be in receipt of means tested benefit which includes a maximum amount of savings which seems likely has been exceeded. The most likely action is your friend will be required to pay back any overpayments. By making these overpayments to the DWP they are likely to once again become eligible for the payments. Fraud prosecutions are time consuming and expensive, unless your friend has been deliberately fraudulent in their actions they will be ok.

Sideways Tim

Original Poster:

808 posts

185 months

Tuesday 25th April 2017
quotequote all
Thanks, that's quite reassuring. Hopefully it's as easy as that.
Trying to get a bit more info to give a fuller picture.

Sideways Tim

Original Poster:

808 posts

185 months

Tuesday 25th April 2017
quotequote all
Right. This makes more sense. The ISA was a single payment, set up by the parents in his name. Turns out to be quite a substantial amount.

We've requested a statement, but in the mean time will contact the DWP and 'fess up, telling them that there's a statement on the way and offering to return any overpayment.

Bit of a silver lining to what could have been pretty dreadful. Prison ffs!

Derek Smith

45,512 posts

247 months

Tuesday 25th April 2017
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Sideways Tim said:
I guess legal advice is probably a good idea.
I would recommend this.

There has been a suggestion of targets having to be hit and a simple, straightforward case can be tempting to run with.




KevinCamaroSS

11,553 posts

279 months

Tuesday 25th April 2017
quotequote all
Sideways Tim said:
Right. This makes more sense. The ISA was a single payment, set up by the parents in his name. Turns out to be quite a substantial amount.
Not possible. An ISA has pretty low limits for annual inputs. Therefore it cannot be a single payment and substantial.

BobSaunders

3,027 posts

154 months

Tuesday 25th April 2017
quotequote all
Sideways Tim said:
Right. This makes more sense. The ISA was a single payment, set up by the parents in his name. Turns out to be quite a substantial amount.

We've requested a statement, but in the mean time will contact the DWP and 'fess up, telling them that there's a statement on the way and offering to return any overpayment.

Bit of a silver lining to what could have been pretty dreadful. Prison ffs!
Legal advice before contacting the DWP.

Sideways Tim

Original Poster:

808 posts

185 months

Tuesday 25th April 2017
quotequote all
KevinCamaroSS said:
Not possible. An ISA has pretty low limits for annual inputs. Therefore it cannot be a single payment and substantial.
Sorry, I'm getting info second hand from someone who has even less idea than I do about it.
There's nothing going in now, but it is up to the maximum amount it can be. I suppose there's degrees of substantial too.
There's not enough in there to cover repaying the benefit already paid out, but certainly a good chunk of it.

Sideways Tim

Original Poster:

808 posts

185 months

Tuesday 25th April 2017
quotequote all
BobSaunders said:
Legal advice before contacting the DWP.
Yes, sounds like the best idea.

Heres Johnny

7,175 posts

123 months

Tuesday 25th April 2017
quotequote all
KevinCamaroSS said:
Sideways Tim said:
Right. This makes more sense. The ISA was a single payment, set up by the parents in his name. Turns out to be quite a substantial amount.
Not possible. An ISA has pretty low limits for annual inputs. Therefore it cannot be a single payment and substantial.
Substantial is relative to the person but I agree the limits were/are fairly low, and you can't set up an ISA without knowing information like the persons NI number. And of course doing this on someones behalf without them knowing also leads to the possibility that they also take out an ISA and blow the limits.

Not worth speculating without a lot more facts

Huntsman

8,026 posts

249 months

Tuesday 25th April 2017
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Sideways Tim said:
Part of the disability is an inability to deal with facts and figures. I guess legal advice is probably a good idea.
Sounds like he needs someone to look after his affairs?

voyds9

8,488 posts

282 months

Tuesday 25th April 2017
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Assuming parents 'out of the picture' means deceased

Could they have set up an ISA in their names and left it as part of the estate.

williaa68

1,527 posts

165 months

Tuesday 25th April 2017
quotequote all
Try your local citizens advice bureau. They are very used to dealing with the DWP, understand the limits etc and they are free. They will be completely fine with you going with him if that helps. Good luck.