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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 74533
Experience:  Over 5 years in practice
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Carer for my son and get carers allowance I work 25 hours a

Customer Question

carer for my son and get carers allowance I work 25 hours a week he is know 21 and he is coming a little independent with my help I got a letter from dwp saying I failed to tell them that I was working and they said I have earn over my limwhat I'm entitled to I have be honest from the start telling tax credit all my earning and p60 every year not hiding every think I did not know that care allowance is class as earning I'm so worried as got a letter saying are going to prosecute me what can I do help pls
Assistant: Where is he? It matters because laws vary by location.
Customer: Dorset
Assistant: What steps has he taken so far?
Customer: Just a letter I have sent explain what I said to you
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

how long were you working?

Customer: replied 3 months ago.
4 years
Customer: replied 3 months ago.
No
Expert:  Jo C. replied 3 months ago.

Did you tell them that you were working?

Customer: replied 3 months ago.
I told tax credit
Customer: replied 3 months ago.
Thinking that they speak to each other and tell them
Expert:  Jo C. replied 3 months ago.

So you didn't tell the DWP?

Customer: replied 3 months ago.
No only tax credit think they tell all departments I was not hiding anything been truefull from the start tax credit bew I was working and I did not know that care allowance was a earning
Expert:  Jo C. replied 3 months ago.

Ok. What is the sum of the overpayment roughly?

Customer: replied 3 months ago.
Dont know yet
Expert:  Jo C. replied 3 months ago.

Are you asking if they will prosecute?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
If been working 4 years but I was told what I earn and take home plus deduction for expensive surly they will have to work out how much they have overpaid
Expert:  Jo C. replied 3 months ago.

Thanks for the information

Whether they will prosecute or not really depends on the sum of the overpayment. Usually if you are getting house benefit then it racks up quite quickly but if not then not all that quickly.

Different councils have different cut off points but most councils seem to prosecute after £4k-£5k. That is not to say that they definitely would do that here.

Hope this helps. Please let me know if you need more information.