paying back attendance allowance

Alter_ego

bunny999 wrote: »

They will stop it out of her benefits

What benefits is she entitled to as a LA funded resident of a care home?
Not Attendance allowance obviously!

myeash

The care fees are ridiculously expensive I know. They are crippling us and destroying us as a family both financially and emotionally. But this is not the forum to discuss the whys and wherefores.

I am new to the forum and don't even know what the be nice to the newbie is!

But thank you all for your comments. .

only_mee

Bogof_Babe wrote: »

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?

How do you re-reg back to Aug 2007 then

Alter_ego

myeash wrote: »

But this is not the forum to discuss the whys and wherefores. .

But it is! you will get a wide range of opinions and it's anonymous.

myeash

Alter_ego wrote: »

What benefits is she entitled to as a LA funded resident of a care home?
Not Attendance allowance obviously!

No benefits. They take her state pension and have forced us to claim for pension credits so they can take that too. The AA was from before she went into care.

Torry_Quine

myeash wrote: »

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.

That's an awful lot and doesn't feel quite right to me.

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?

If you haven't already got power of attorney it may be very difficult to get inview of her dementia.

Alter_ego wrote: »

What benefits is she entitled to as a LA funded resident of a care home?
Not Attendance allowance obviously!

If her only income is her state pension she will be entitled to pension credit. I see that you've applied for this

myeash

Alter_ego wrote: »

But it is! you will get a wide range of opinions and it's anonymous.

I just didn't want to start discussing care fees and homes. It has been the most horrendous experience of my life finding a home for mum and the financing of it.

Bogof_Babe

only_mee wrote: »

How do you re-reg back to Aug 2007 then

Oops sorry. I didn't even notice the date, just that the poster had only made two posts. Must pay attention .

I do feel sorry for anyone in this position, having had both parents in the care home/nursing home situation. It's hard work getting everything sorted out, and I'm not a bit surprised things get overlooked. My sister is a qualified accountant and even she struggled with the reams of financial paperwork.

Alter_ego

Do you have Power of attorney?

Aginoth

If it is official error, ie, you told them and they failed to act then the DWP are not lawfully allowed to ask you to repay the money.

the legal requirements for requesting repayment are laid down in Section 71 in Part 3 of the Social Security Administration Act 1992 (as amended) overpayment can only be enforced if information was given fraudulently or misrepresented.

(please note this does not apply to all benefits and you need to check Section 71(11) for a list of benefits covered)

Full Act Here - http://www.hmrc.gov.uk/nicmanual/volume_1/ssaa_1992.pdf

"71. – Overpayments – general.

(1) Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure –

(a) a payment has been made in respect of a benefit to which this section applies; or

(b) any sum recoverable by or on behalf of the Secretary of State in connection with any such payment has not been recovered,

the Secretary of State shall be entitled to recover the amount of any payment which he would not have made or any sum which he would have received but for the misrepresentation or failure to disclose.

(2) Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall in the case of the Secretary of State or the First-tier Tribunal, and may in the case of the Upper Tribunal or a court –

(a) determine whether any, and if so what, amount is recoverable under that subsection by the Secretary of State, and

(b) specify the period during which that amount was paid to the person concerned.

(3) An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it….

(5A) Except where regulations otherwise provide, an amount shall not be recoverable under subsection (1) unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or has been revised under section 9 or superseded under section 10 of the Social Security Act 1998….

(8) Where any amount paid, other than an amount paid in respect of child benefit or guardian's allowance, is recoverable under –

(a) subsection (1) above;…

it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(9) Where any amount paid in respect of a couple is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.

(10) Any amount recoverable under the provisions mentioned in subsection (8) above –

(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, shall be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court; . . ."

Section 71(11) lists the various benefits to which the section applies



The law was clarified in the supreme court at the end of 2010, the judgement can be seen here http://www.bailii.org/uk/cases/UKSC/2010/54.html

The DWP were informed also by parliament in the following document http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snsp-05856.pdf Sections 2 and 3 are especially relevant.