paying back attendance allowance

myeash

My mother was getting attendance allowance. Sadly last December we had to put her in a care home and straight after the Xmas and NY break I phoned the Attendance Allowance office to inform them of this as I know she no longer qualified for it as her care is being funded by her local authority. They continued to pay it for about 4 or so months after I informed them and now they are writing to me to claim it back. I have a note of the date and time when I informed them of mum's change of circumstances. I saw Martin on TV a while back and I'm sure he said if you inform 'them' and they continue to pay you, you don't have to pay 'them' back. I know he was talking more about tax credits but does this apply for other benefits too?

Oldernotwiser

As you knew that she was ineligible for the money, surely it's still available for you to pay back?

shop-to-drop

Just pay it back!

kingfisherblue

Even when you inform the authorities of a change in circumstances, and they continue to pay, it usually has to be paid back. You were aware that it was still being paid, but there is nothing in your post to indicate that you rang again and informed them after the initial phone call - I would have let them know, to avoid a large overpayment. Presumably you did not spend this money, knowing that it had been paid in error, so it can be paid back, If it has been spent, you will have to ask for a repayment plan.

It is worth remembering that the wheels of the DWP can grind slowly at times. Also, there may have been a backlog fromt he christmas and New Year break. Therefore, although you informed them, it is possible that stopping the AA was not actioned as quickly as it should have been. This doesn't mean to say you can keep any money that was incorrectly paid after the date that you informed of a change in circumstances.

Incidentally, I was overpaid CTC folowing a change in circumstances when my ex left. I wasn't aware of the overpayment until two years later, when I had to start paying it back. It was almost £1000 and I am on income support as a carer. Although it was their mistake, I had been overpaid and had to pay it back.

DX2

myeash wrote: »

I know he was talking more about tax credits but does this apply for other benefits too?

http://www.cpag.org.uk/welfarerights/overpayment-recovery/default.htm

Worth a read.

myeash

Just to be clear. I hadn't noticed they had over paid. I've been so busy with mum helping her with the trauma of moving her into care (she has dementia) and looking after my baby. The local authority still haven't upheld their promise to fund the care (which doesn't even pay for 50% of the care costs) so I have been in administrative hell with them for many many months, which is more time consuming than a full time job! Under no circumstances was I going to pocket the money but was considering using it towards the £660 a week top up the family have to pay towards her care costs.

viktory

myeash wrote: »

Under no circumstances was I going to pocket the money but was considering using it towards the £660 a week top up the family have to pay towards her care costs.

Dress it up however you like you did intend keeping, and spending, tax payers money that you are not entitled to.

Bogof_Babe

Wonder why this poster hasn't got one of those "Please be nice to the newbie" logos. Maybe it works on IP and this is a re-reg?

£660 a week on top of what the Council will pay sounds extortionate, even at these days' rates. My mum was in a nursing home (usually dearer than a care home) and hers was around £550 a week.

Doesn't seem right that the family have to find such huge sums to ensure their relative is properly cared for.

bunny999

Sounds like something is wrong here. How much does the home charge per week ? My aunt was fully self funding in a nursing home and it was only £600 a week.

Alter_ego

May not help but - Unless you have power of attorney, your mum is liable not you. If she can't pay what can they do?

bunny999

Alter_ego wrote: »

May not help but - Unless you have power of attorney, your mum is liable not you. If she can't pay what can they do?

They will stop it out of her benefits