attendance allowance stopped

soolin

Just as I thought it was going smoothly I checked dad's statements as his money seemed wrong and they have stopped dad's attendance allowance without telling us.

I have phoned the pension people and they say that there are two notes on his file, firstly that dad has spent 20 weeks in hospital after a major operation..which he hasn't and that he wouldn't be entitled anyway as he is in a residential home. They can't find anyone to talk to me and they are not sure how I prove dad wasn't in hospital anyway, he hasn't even had an operation

I also asked about the care home aspect as dad is fully self funded and that appears to mean he should get the full attendance allowance, but they say that isn't always the case.

They've suggested I appeal the decision but that it can take time and the number I've been given never gets a respsonse.

Am just about to try calling again...arghhhh

sloughflint

Typical incompetence.:mad:. Sounds like they've put someone else's info on your father's file.
As for the residential home bit,how ridiculous. Whoever you spoke to should know better than that if he is self-funding.

sloughflint

The residential home should be able to provide the evidence that your father was residing there.
Incidentally, what would have happened if your father had spent some time in hospital? Would the home still need paying since the room is 'reserved'?

soolin

sloughflint wrote: »

The residential home should be able to provide the evidence that your father was residing there.
Incidentally, what would have happened if your father had spent some time in hospital? Would the home still need paying since the room is 'reserved'?

We pay the home regardless of whether Dad is using the bed or not, even if he is in hospital we pay the home in full.

It is getting complicated though as DWP state that they have a letter informing them that my father has been in hospital since February..they even mentioned the risks of me making a fraudulent claim!

The PCT that run the hospital are happy to confirm this is not the case, the care home are also happy to talk to DWP but DWP say that where there is any case of potential fraud marked they cannot just take our word for it.

They also won't tell me who informed them via letter that dad was a long term hospital resident. It is going to be looked into today hopefully and benefit reinstated if due.

I do keep being told though that I need to formally let DWP know each time my father goes into hospital, even if for one night as that might affect his entitlement, yet the regulations appear to say that this is not the case unless the stay is 28 days or more.

Botherations

soolin

The regulations appear to specifically state 28 days before Attendance allowance is removed.

I am still concerned though about two things, firstly that they di dnot notify either myself or my father that his allowance was being stopped..even they agree that no letter was ever sent. Secondly they keep referring to a letter informing them that dad was in hospital and the related potential fraud investigation..who on earth would want to make up lies like that to cause dad (or me) any problems, and why have the DWP effectively acted on an anonymous letter without doing any basic checks like contacting the hospital or the residential home?

I know it is unrelated but I watched a programme last week about benefit fraud where they had to actually watch people to get evidence of wrongdoing and then advise them to withdraw their claims if they are fraudulent. Yet apparently an elderly and disabled person can have their allowance stopped without any notification and without any proof..isn't this double standards and doesn't it mean that someone with a disability whether age or infirmity is being treated differently to someone able bodied?

soolin

sloughflint wrote: »

Also if one is expected to pay for the residential home during hospital stints, shouldn't one have a case to have AA paid anyway?
Any MSEs been down that road? Must be a common situation.

You'd have thought so wouldn't you..but apparently the way round this is to actually give dad's bed up at the home he loves and allow it to be offered back to the council and then when dad is ready to leave hospital go and search for a new home. The fact that dad is happy and content where he is does not come into it, if we choose to keep the existing place, and locally we usually run at no spare dementia beds at all, I am considered opting to pay for it even when not used as well.

Luckily so far this has not happened as dad has not had a period of 28 days in hospital, but I dread the day it happens and I have to choose whether to save money or keep dad where he is happy.

Mojisola

Do you have Power of Attorney for your father? If so, I can't see why they can't tell you who sent the letter - unless it's from someone reporting your father with malicious intent.

If the letter is from someone reporting a possible fraud, you can see why they're suspicious of you - but if they won't believe the care home and the hospital, who are they going to believe? I also didn't think that they could stop the money without an investigation.

Could you get help from the welfare officers at the council or from the Pensions Service advisors? We have had great service from both of them.

soolin

Mojisola wrote: »

Do you have Power of Attorney for your father? If so, I can't see why they can't tell you who sent the letter - unless it's from someone reporting your father with malicious intent.

If the letter is from someone reporting a possible fraud, you can see why they're suspicious of you - but if they won't believe the care home and the hospital, who are they going to believe? I also didn't think that they could stop the money without an investigation.

Could you get help from the welfare officers at the council or from the Pensions Service advisors? We have had great service from both of them.

I do have a full power of attorney on dad and they are happy to discuss all aspects of his benefits and payment with me. However they are quite insistent that any report they have that a claim is fraudulent has to remain anonymous. I have just been on the phone to them again and they are now prepared to talk to both the hospital and the residential home to make sure that my account is correct, and assuming I am correct (which of course is the case) they will reinstate payment immediately and arrange for the missing payments to be made next week.

missile

I can understand your desire to know who, but there are obvious reasons for not disclosing the name of those who make declarations. It may well be a genuine error, rather than someone making a false statement with mallicious intent.

Mojisola

From what they've told you it isn't clear if the letter was about someone else, declaring what needed to be declared and they had filed it in your father's file, or a malicious letter about your father. I think you need to make sure that gets cleared up.

Also you need an explanation of why the payments were stopped without any enquiry. Your father is lucky to have you to sort it out. If this was done to an elderly person without caring relatives it would be much worse.

soolin

I'm away over the weekend so will leave it now and phone back on Monday if I haven't heard anything more. I have asked them to write to me formally explaining that the Allowance was stopped in error, but whether or not they will is anybodys guess.

Like others have said, I find it quite appalling that this can happen without any notification and how vulnerable older people manage I don't know. I am truly horrified at the treatment that these vulnerable people get.