Question about DLA

rogerblack

sparkycat2 wrote: »

Most instances of fraud with DLA seem to be originally genuine claims where the person has got better and then pretended to not have got better deceiving the doctor and fraudulently filling in renewal forms.

Fraud with DLA is very rare, even the sort you mention is well under a percent, according to the DWP figures. 'Claimant error' is about as large as 'official error' as a reason for overpayments.

sparkycat2

rogerblack wrote: »

Fraud with DLA is very rare, even the sort you mention is well under a percent, according to the DWP figures. 'Claimant error' is about as large as 'official error' as a reason for overpayments.

The biggest reason for low claimant fraud I believe is the level of medical evidence generally needed to start a claim, DLA not being means tested and being a in work and out of work benefit. Another reason is the different way the DLA legislation is worded in comparison to other benefits.

The official fraud figure for DLA is a estimate of 0.5% £60m

Customer error includes provided inaccurate or incomplete information or failed to report a change in their circumstances, but there is no fraudulent intent on the customer's part. For DLA it is estimated at 0.6% £80 million.

So the total overpayment due to the claimant is officially estimated at 1.1% £140m. But that is very low in part due to the way the DLA legislation is worded.

The 2004/2005 benefit review found £630m of DLA a year is overpaid as a result of unreported changes in circumstances. But most of that higher overpayment figure is not recoverable money due to the way the DLA legislation is worded, so not included in the lower official estimates of fraud or customer error.

The 2004/2005 benefit review resulted in a change in indefinite DLA awards and in how often DLA awards are reviewed, so the £630m figure would now be much lower.

I believe when a claimant's condition has changed resulting in overpayment. Under the DLA legislation unlike other benefits the burden of proof is on the government to prove when the claimants condition changed to recover an overpayment. When change is gradual it is not reasonable to expect the claimant to know at which point their entitlement to DLA changed and to have promptly informed the DWP.

I believe if your health massively changes, you claim you can not walk and are now running marathons it would be fraud as you would reasonably be expected to have noticed the improvement. Lying or trying to mislead on a DLA claim form or DLA review is also obviously fraud.

Newly_retired

It is difficult to know what to put when on some days you may appear to be "normal" but other days you simply cannot even get out of bed.