savings whilst claiming

Fran

chel1234 wrote:

the account with 10.000 aparantley when the intrest was earned every year it went in matured funds closed down and reopened in another account number.

You have to admit this sounds odd..... why would she open a new account every year? Was it to avoid DWP knowing about the interest? Maybe that's what they're thinking.

I should try to find out more information on the dwp interviewing people with mental health problems under caution and if thier are the same guidelines for all people.

CAB will tell you this.

I thought it was the dwps case to prove that she had knowledge of these savings and also if she did know about this did she delibrately with intent meant to mislead them.

I don't see how she can convice them she had no knowledge when she was opening new accounts every year.

I understand you want to help her, well the best thing you can do for her is go with her to CAB and ask them these questions. At the same time you can make sure she is getting what she is entitled to from now on. A solicitor isn't necessary at this point as CAB have info about all these things. They will also advise on interviewing people with mental health problems. This needs to be the soonest you can get into CAB, for your local opening hours see Citizens Advice website.

chel1234_2

the misunderstanding i think they have is this, the 10.000 was invested for a year, at the end of the year when the account had matured if he hadnt gone to the bank to state that he wanted to reinvest it the account would go to what is called matured funds and then when reinvested it would be a different account number but the same 10.000 that had grown. Im sure my daughter is getting what she is entitled to as she gets dla and incapacity, she has a daughter so im presuming that the income support was for her daughter which has now ceased.
The friend has casued so much distress by doing what he thought was ok we have no contact with him now which might add more confusion to this case

chel1234_2

could you please tell me if my daughter attended an interview under caution with regards to savings, the person she took as a friend was the person saving on my daughters behalf, if he stated at the interview that he was the one that was saving and he was well connected to the allegation, should the interview have been terminated. Before the interview under caution the reason my daughter had to attend was unknown. Any help appriciated.

Fran

***Boardguide comment***

chel1234,

I have moved your post from the other thread started by someone else to this thread so that you don't get repeat answers.

chel1234_2

hi i have recently found a document going back some years ago about the comminoners letter to secretary of state, his concerns were that my daughter wasnt capable of taking care of her finances and that money should be put into a third partys hands. I dont know whether this would hinder or help my daughters case.We have now asked for a review of the decision and asked them if they would provide thier evidance and reasons for making thier desicion. Anyone any ideas aobut how long they will take to look at thier desicion again

chel1234_2

hi everyone, any help or advise you have would be helpful. Recently asked for the dwp to provide evidence of thier findings of the ammount of 16.000 and to look at thier decision again. Thier response was ....about the decision on your claim for an overpayment of income support. We are awaiting all your papers sent from the debt management centre, once received, if we are unable to change the decision in your favour we will sent your appeal letter and a written submission.
I am confused and think that they are not willing to provide any evidence of the figure they are basing this desicion. Do you think that they now are asking this debt centre to calculate the overpayment of the income support. Up to now they havent suggested taking the matter further in regards to prosecuting her but i still feel this could happen if they are going to ask for an overpayment. Any advise please.

seven-day-weekend

I find this whole thread extremely confusing. I don't know how the daughter could not have known she had the money if it was in her name,(didn't she get any statements?), I don't understand how someone else could draw it out unless they were a joint account holder with the daughter, (in which case she again would have known about it), I don't understand why she or whoever did it kept opening new accounts (again, if they were in her name she must have known about it)......is it me, or is this case rather odd??

....Unless as mentioned above, the other person was a 'third party' to the account and doing things without her knowledge, in which case I think you would have to prove she had no knowledge.

pink_phantom

seven-day-weekend wrote:

I find this whole thread extremely confusing. I don't know how the daughter could not have known she had the money if it was in her name,(didn't she get any statements?), I don't understand how someone else could draw it out unless they were a joint account holder with the daughter, (in which case she again would have known about it), I don't understand why she or whoever did it kept opening new accounts (again, if they were in her name she must have known about it)......is it me, or is this case rather odd??

:T There are too many variables I think for any real advice to be given on here I think.

pink_phantom

I also don't understand why you are asking for evidence when you have said yourself that the money was in an account in her name. Ergo, she had the money, ergo she was commiting benefit fraud, regardless of weather or not she was aware of it. Although, she would have had to have signed some paperwork at some point or seen statements unless they were hidden from her. I really wouldn't waste time on the "proof" track as you are digging a hole for yourself. I would concentrate on the mental health issues.

chel1234_2

one account was open and if it wasnt reinvested the account closed yearly then reopened with a different account number. I think you are insinsuating my daughter is commiting fraud. If you want to carefully read this post you may be able to answer questions that i am asking. Really if you cannot be bothered to read these posts why are you bothering to reply