Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Why did you not declare it? How much was it please?
£30K. Didnt realise. Besides I don't have it anymore.
Its bad news.
If you failed to declare it and it was over £16,000 (which it was) then you have been overpaid.
You should have declared it and when you sign the form it states you will declare any change.
Therefore for the period in question you may well have been overpaid.
Even if you do not have it any more the Council and DWP could consider you have intentionally dispose do it.
Therefore I do think there will be an overpayment
This is because you had more than £16,000 which is your legal limit
I am sorry if his is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
What do you mean what form?
do i have to claim for underlying entitlement just appeal instead?
You should appeal if you think the decision is wrong
You said I should have declared it and when you sign the form it states you will declare any change. What form do you mean please?
I didn't intentionally dispose of it, I didn't know.
When you sign up for Council Tax and Tax Credits, it says you must declare any chances.
@ changes @
You had £30k, you did not declare iot
You should have
Therefore you will have been overpaid.
I am sorry
Can I clarify anything else?
So if I just appeal what are my chances?
Quite low if you accept you had £30k and did not declare it
but if I just appeal I do not need to give details of any income or capital do I?
Yes you will
You need to say why the decision was wrong
Because you are appealing the decision. You must show, on balance the decision was wrong
It is not for the DWP/Council to prove otherwise
but i thought i only needed to say about change in wages, childcare amounts and rental.
No - the form does not say that
It says ANY change in circumstances
Whether or not you thought it was right is not relevant to the decision.
You had £30k, you did not declare it
Therefore you were overpaid
so how much will I owe them then?
I dont know - they will have provided a calculation
but that's the original form about claiming that i would need to tell them that. afterwards i didnt give it a thought when i received it. the only changes i tell them about afterwards was what i put above.
That makes no difference.
it could be thousands!
You have been overpaid
No matter what you say you can not get away from the fact you should have declared it and for whatever reason you did not.
The botXXXXX XXXXXne is you have been overpaid.
i could lose my daughter.
i'll have nothing to provide her with. i could owe lots.
They are likely to accept repayment by small installments.
Can I clarify anything?
No thanks I think i feel sick now.
I am sorry it is not better news but I have a duty to be honest.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/