The Importance of Telling The Authorities About Work

Benefit claimant Lee Williams was overpaid more than £3,000 in payments after he failed to tell the authorities when he started work.

The 34-year-old legitimately claimed benefits when he was out of work, North Staffordshire Justice Centre heard.

Lee believed giving his employer his National Insurance number would trigger notification

But he failed to inform Newcastle Borough Council and the Department for Works and Pensions (DWP) when he began working. He was overpaid £26.90 of housing benefit and £2,976.86 of employment support allowance (ESA) between February and June last year – a total of £3,003.76.

Mr Williams, who has no previous convictions, has been fined £80.

Prosecutor Karen Walton said: “The defendant accepts when he made the initial claim it was legitimate. However, in February 2016, he commenced employment with a cleaning company.

"He started on part-time hours. He anticipated that would affect his benefits, but was not sure to what extent. He provided his National Insurance number to his new employer and thought that would trigger (the notification). There was a reduction in the amount he received, which reaffirmed his view he had done all he needed to do.

“But the forms he signed stated that he had to tell the authorities directly when he started work.”

Simon Dykes, mitigating, said the defendant gave his employer his National Insurance number when he started work.

“He believed that would have triggered notification to the DWP,” said Mr Dykes.

“He did see a reduction to his benefit when he started work part-time. He thought he was working under the permitted hours and still maintained a claim. When he started work full-time, he was of the belief they would just alter his benefits further. That was not the case.”

Mr Dykes said the defendant accepts he should have read the forms he signed in more detail.

He added: “He should have known when he started work he should have contacted the DWP.

Mr Dykes said the defendant is no longer working and is again claiming benefits. The overpayment is being deducted from his benefits.

Magistrates also ordered Williams to pay £135 costs and a £30 surcharge. “He has no previous convictions and loses his good character today.”

ABC Note:  For existing JSA claimants the third part of the labour market conditions is that a claimant must have a current jobseeker's agreement. Please note that in many parts of the UK this is now called the “claimant commitment” by the DWP- however legally unless the claimant is within the UC pathfinder group in a pathfinder area there is no such thing as a claimant commitment and this is simply an extra-legal rebranding of the jobseeker’s agreement. The agreement must be in writing and signed by the claimant and an employment officer. A copy should be given to the claimant.

You must tell the DWP if you have a:

• Change in the amount of your circumstances
• Have a change to the amount of income you receive