Husband got rise and didn't tell Social Welfare

Penny1996

Hi, I claim a jobseekers allowance, and this is means tested. I was last meanstested in 2015 and this week received a letter from SW to be means tested again. I needed my spouses payslip and when I got it I discovered that he had got a payrise but had not informed me. I haven't been getting on that great with him so communication at the best of times is pretty much non-existent. He also farms but tells me that he is making no money from it so there is no income to show SW (he has not done accounts since 2015).

I have sent the payslip and bank accounts etc to deciding officer (when I told husband the SW needed it he gave them to me) but now I am worried sick that I am going to get prosecuted for not declaring payrises, which would possibly have put me over the limit for getting JSA.

What should I do - I know I should know my husbands income but as I said we are bearly speaking. I know this all falls back on me and it's about the evidence now my personal relationship with my husband they will look at.

I am at my wits end. Thank you!

Slydice

From Looking at this, it just sounds like it's a matter of telling them about the increase:
http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/recovery_of_social_welfare_overpayments.html

It looks like they'll check to see if you've been overpaid and try to figure out by how much.

Then it looks like they'd try to spread out getting it back from you by reducing your payments (by a max of 15% of each payment)

Penny1996

Slydice wrote: »

From Looking at this, it just sounds like it's a matter of telling them about the increase:
http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/recovery_of_social_welfare_overpayments.html

It looks like they'll check to see if you've been overpaid and try to figure out by how much.

Then it looks like they'd try to spread out getting it back from you by reducing your payments (by a max of 15% of each payment)

Thanks Slydice! The issue of paying it back while is going to be difficult for me is a small one. What I am more worried about is that they will prosecute me for fraud - as I did not inform them about a change in circumstances. While my circumstances are the same - i.e. I have the same payment (JSA) technically the household circumstances have changed. He got a payrise in 2016 and again in June but now that I have questioned him on it he says the amount doesn't effect the household. I am worried sick!

Plugguy

Don't worry about a prosecution. If you received an overpayment, they will give you the opportunity to pay it back by instalments.

jimmycrackcorm

You'll be ok because you have sent the correct information to the deciding officer instead of hiding it. It likely will mean an adjustment due to overpayment but that's as much as it goes.

Penny1996

jimmycrackcorm wrote: »

You'll be ok because you have sent the correct information to the deciding officer instead of hiding it. It likely will mean an adjustment due to overpayment but that's as much as it goes.

I hope so....I am so worried about it!

Squatter

You are extremely unlikely to be prosecuted, the amount involved is probably relatively small and you have come clean as soon as you became aware of the salary increases. The DSP don't prosecute (or even persecute!) people like you - it's the long-term welfare thieves that they want to make an example of through the courts.

As others have indicated, your means will be re-calculated and a reduced weekly JSA payment will result. The reduction will take account of the increase in weekly household income and repayment of the overpayments.

You will be sent a letter that shows the new calculations, be sure to check it over and if you're not happy with anything get in touch with the DSP immediately and ask for a review.

Penny1996

Hi, thanks to everyone who gave me advise. I am just updating to let you know that I got the new calculations and my weekly payment was reduced. I've been receiving the reduced payment for a few weeks now and today I got a letter to say that I have a review for December with a Social Welfare Inspector and I need to bring bank statements, payslips, farm accounts etc to it. I am so worried about about this meeting. What is it about. Thank you all once again!

splinter65

Penny1996 wrote: »

Hi, thanks to everyone who gave me advise. I am just updating to let you know that I got the new calculations and my weekly payment was reduced. I've been receiving the reduced payment for a few weeks now and today I got a letter to say that I have a review for December with a Social Welfare Inspector and I need to bring bank statements, payslips, farm accounts etc to it. I am so worried about about this meeting. What is it about. Thank you all once again!

Please don’t worry as it’s pointless.
Worst that can happen is that your in an overpayment ( you owe them money that you got, that you shouldn’t have got and it will have to be paid back) and they will examine your finances and see how much, if anything, you owe.
They would normally ask you to pay this back at a rate of 15% of your SW, but you would be given an opportunity to explain to them why this amount would cause you undue hardship and they will consider your position.
It will have to be paid back though if only at €20/30 per week because the money is belonging to Revenue in other words the taxpayer!
Just co operate in every way you can and it’ll be alright.

nkav86

Penny1996 wrote:

Hi, thanks to everyone who gave me advise. I am just updating to let you know that I got the new calculations and my weekly payment was reduced. I've been receiving the reduced payment for a few weeks now and today I got a letter to say that I have a review for December with a Social Welfare Inspector and I need to bring bank statements, payslips, farm accounts etc to it. I am so worried about about this meeting. What is it about. Thank you all once again!

They most likely want to keep a closer eye on your finances due to the previous discrepancy. Try not to worry, it was a mistake and you're paying it back and cooperating. It's a hassle I'm sure, but you're a long way off from prosecution.

judeboy101

I think the bigger issue is your hubby, id repost this on relationships and get advice on what to do.