DRO and benefit back payment!

Rabbitqueen · 23 July 2014 at 2:35AM

Benefits backpay and DRO
Hiya
I have recently been legally made my mothers carer. After months of my mother unknowing to me battling to secure me some carers allowance it's been awarded and back paid. I have a DRO and have informed them of the back payment but during the last 9months my mother have been fully supporting me finically.

I am a 20year old college student and have been caring for my mum outside of college, I have been caring for her for years. As my mum has been supporting me she couldn't afford to pay her bills and it even has left me, my mother and younger sister on the poverty line. She has never charged me rent or told me give up and get a job. As I am the road to university. She has supported me fully despite everything.

With this back payment my mother has kindly asked for it to cover the expenses of the nine months of was living there scot free. I have complied because she needs to pay her debts and it would get us out of the poverty gap, bettering the situation we as a family are in. I am worried incase the DRO demand I use the money to pay off my debts. They have sent me out a form which I must fill out truthfully stating where the money I shall be receiving for carers allowance will be going and I shall be including the back payment. Over all I am worried incase they revoke my DRO and demand I use the back payment to pay back my creditors, rather than pay my mum back.

As her carer I have a legal obligation to care for her in all manners including finically. Hence if I owe her the money for the expenses and it's betters her situation I have a obligation to comply and support her. She is going to apply for a DRO soon and has bipolar, borderline personality disorder and skizopheania. Thank you for any advice.

longtermplanner · 23 July 2014 at 11:59AM

Are you saying your mum applied for Carers Allowance without your knowledge? I don't think that is possible.

If your mum is going to apply for a DRO, there is no point in you giving her money to cover some of her debts.

"As her carer I have a legal obligation to care for her in all manners including finically" I am sorry but this isn't correct. Being in receipt of Carer's Allowance means that you are providing at least 35 hours a week care for someone in receipt of a relevant disability benefit. You have absolutely no financial responcibility to look after them at all.

This must sound as though I am not sympathetic. I am. I think carers do an amazing job and the country paying them a small pittance every week doesn't recognise the half of what they do.

However it seems to me that you are trying to provide legal justifications for what you want to do (give this money to your mum) and that you have invented what seem to you to be good leagl reasons, unfortunately they aren't.

You may well be worrying quite uneccessarily. The backdate CA may have no impact on your DRO at all. I suggest you should discuss this with whoever set up your DRO in the first place.

McKneff · 23 July 2014 at 12:56PM

Good post, longtermplanner.:T

Rabbitqueen · 24 July 2014 at 12:36AM

I paid her the money to pay back expenses and rent owed. My mother did state she would have no choice to make me leave as I am a finical strain on the household. I would be paying her £20 of my carers allowance a week in rent but that does not cover the expenses to which I owe her. I have considered moving out as I can still be her carer, but due to college and the basic fact I have no where else to go I am stuck.

I owe nine months worth of expenses which is the sum of £1100 and she agreed on the entire back payment of £920. She would have never charged me for rent or the expenses but she is in her right to ask for rent arrears, as she gets no more benefits for me, I am adult and the benefit cap hasn't helped.

Overall she has every right to charge me those rent arrears. I am a lodger basically who has been living scot free.

wba31 · 24 July 2014 at 10:57AM

Rabbitqueen wrote: »

I paid her the money to pay back expenses and rent owed. My mother did state she would have no choice to make me leave as I am a finical strain on the household. I would be paying her £20 of my carers allowance a week in rent but that does not cover the expenses to which I owe her. I have considered moving out as I can still be her carer, but due to college and the basic fact I have no where else to go I am stuck.

I owe nine months worth of expenses which is the sum of £1100 and she agreed on the entire back payment of £920. She would have never charged me for rent or the expenses but she is in her right to ask for rent arrears, as she gets no more benefits for me, I am adult and the benefit cap hasn't helped.

Overall she has every right to charge me those rent arrears. I am a lodger basically who has been living scot free.

From what I understand of what has been written, is there not an issue of preferential payment of a debt if you pay this money to your mother?

All debts must be treated the same, and that includes debts to family and friends, if you were to give this money to your mother to clear what is owed and the Insolvency Service knew about it, they could revoke the order on the basis that you are paying her off, nearly the sum of £1000 and the creditors in your DRO are supposed to walk away with nothing?

The only way round this, is if your mother has evidence of what she has had to pay out on, that would have ordinarily been covered by the carer's allowance. for the money to be paid as "board arrears" i think would be a tall order as far as the DRO Unit are concerned.

As longtermplanner has already said, you really ought to call the organisation who submitted your DRO for advice

longtermplanner · 24 July 2014 at 6:11PM

"the benefit cap hasn't helped."

Hang on, what benefit cap? On you? Or on your mum? If on your mum, there shouldn't be a benefit cap if she is getting a disability benefit (PIP or DLA) which means that you are entitled to CA. IF she has just been granted PIP and it has been backdated, she should put in a request to have the benefit cap removed from the date at whcih PIP was granted from.

tomtontom · 24 July 2014 at 6:43PM

This doesn't make sense to me. As explained the benefit cap should not apply due to the mother being in receipt of disability benefits, but even if it did the family would be entitled to £500 a week - surely enough for a family of three to live off? Plus the OP's mother seems incredibly capable for someone that needs a high level of care, having 'battled' for CA (and presumably PIP/ DLA also) without her carer even being aware of it? Odd.

Rabbitqueen · 24 July 2014 at 7:38PM

So what was I meant to do not pay the money and get thrown out of my home! I called involency service and they seemed rather understanding. My mother only informed me of her intention a week ago, in regards to the money.

I have no other family and cannot get my own place, I am a student as well. I would prefer not to be homeless because I would be a fool to pay the debts which wouldn't even cover it the full amout of the debts. £1400 worth of debt. If I ever could afford to pay them, I would believe me.

The priority is my rent, a roof over my head at the end of the day. My mum has been battling for my carers allowance for months, I gave up back in April. It's hard juggling college and running a household with a bipolar Adult and ten year old child. I am only 20.

As far as I am concerned my home is my priority, not the creditors. If the worst comes to the worst I can set up a debt managment plan and pay a fiver a month. For that's all I can afford after rent, food, percriptions, travel to college etc.

longtermplanner · 25 July 2014 at 7:28AM

Rabbitqueen wrote: »

The priority is my rent, a roof over my head at the end of the day. My mum has been battling for my carers allowance for months, I gave up back in April. It's hard juggling college and running a household with a bipolar Adult and ten year old child. I am only 20.

As far as I am concerned my home is my priority, not the creditors. If the worst comes to the worst I can set up a debt management plan and pay a fiver a month. For that's all I can afford after rent, food, percriptions, travel to college etc.

I have no problems with any of that.

We don't actually know if a DRO is a sensible options for you in your situation. It sounds as though you are really unclear about benefits: your refs to your mum claiming CA for you and the benefit cap just don't make much sense. Can I suggest you should go to CAB and discuss the benefits and the debt situation?

DRO and benefit back payment!

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