Spent parents Attendace Allowance

Hermia

Torry_Quine wrote: »

Not always. Recently had to do this and the DWP were notified by the registrar's office.

My mother died in August and I had to do it. The registrar was a bit dippy though. When the DWP form came I had to fill in the hospital dates again so I can't see the OP's friend getting out of this unless they are prepared to lie to the DWP.

dandelionclock30

Best thing to do would be to stop taking the AA now really. If it comes to light that theres been an overpayment he would have to deal with it from there.

xylophone

The death certificate shows date and place of death.
And see https://forums.moneysavingexpert.com/discussion/4078731
There have been a number of threads concerning repayment of benefits after a death.

real1314

sjw11 wrote: »

I have never heard of an 'official appointee'
Dont know what one is, but I assume he isnt
He does not have POA He sees that as creating a link that he is responsible for their affairs.
I know this all sounds like 'head in the sand' but I know his position and was just wanting to see if anyone had suggestions for avoiding payback

Do YOU think he should be able to avoid paying this back?

I'd suggest that most people would be appalled at his actions. I think you should be ashamed to be trying to help him avoid paying this money back and should also be ashamed to allow this theft (and it is now most definitely theft) to continue.

Once it comes out that they have been in hospital, DWP may investigate who was accessing their money - if they get info from the bank (and they can) and discover that the son was taking out funds and was not using it for his parent (which he won't be able to show) they will almost certainly initiate a prosecution.

That will look good for your friend - theft from hospitalised parent's bank accounts and benefit fraud to boot. :cool:

skintandscared_2

sjw11 wrote: »

You can think what you like, but it isnt me.
This situation is really getting him very depressed. He has a business to try and run, a home to try to keep, a car about to go to the scrap yard, and parents who are not how he remembers them, and obviously very close to that final door.
I do feel sorry for him, that is why I am trying to help him.
I understand that some of you may feel it wrong for him to dip into their income (aside from the AA issue) but they clearly loved their son and wanted his business to keep him afloat, and allowed him access, so how can it be ' theft' ?

Well his business clearly isn't going anywhere if he's using enough of his parents' money that there isn't enough left to even pay back the AA overpayments. Whatever his business sells, it clearly is never going to keep him "afloat"! Think about it, he - as a single person - can't survive on two people's pension income. He has to take this in hand and sort out his own financial position as well as notifying the authorities of his parents' situation immediately. Is the shop/flat his? Can he sell up, downsize and get a job so he can at least support himself?

Notifying the authorities will obviously mean that the cash-cow of his parents account will dry up. I don't mean to be harsh, but facing reality, the account will dry up when they pass away anyway so he needs to learn how to support himself now.

Torry_Quine

Hermia wrote: »

My mother died in August and I had to do it. The registrar was a bit dippy though. When the DWP form came I had to fill in the hospital dates again so I can't see the OP's friend getting out of this unless they are prepared to lie to the DWP.

I didn't even have a DWP form to complete. The only contact was a letter from them confirming that the payments had been stopped.

princessdon

This thread leaves a bitter taste in my mouth for many reasons, not least that there doesn't appear to be money to cover the "dippings" is not there for AA (Pensions and PC) would more than compensate if not dipped into too.

PC for 2 people is £200 ish per week, Plus even base rate AA of over £100 pw. That is £300 pw taken from people who are unaware of this.

debrag

dandelionclock30 wrote: »

The person definatley shouldnt have taken the money for himself.However what if his parents bills needed paying etc, maybe he needed to draw out for them etc.
Also the hospital do not routinely tell the DSS who is in hospital to my knowledge. Also elderly people are not allowed to languish in hospital now for ages and a person can keep their AA for a month whilst in hospital etc.
Also I cant see a hospital keeping 2 elderly people in for over a month each.They would be sent to nursing homes as hospitals dont have the capacity for keeping people in for ages.
Also unless the person who stole the money rings up the DSS,or the elderly people do then how will the DSS know?

depending on medical condition and rehab needs they can.

skintandscared_2

princessdon wrote: »

This thread leaves a bitter taste in my mouth for many reasons, not least that there doesn't appear to be money to cover the "dippings" is not there for AA (Pensions and PC) would more than compensate if not dipped into too.

PC for 2 people is £200 ish per week, Plus even base rate AA of over £100 pw. That is £300 pw taken from people who are unaware of this.

Yes, that's what I thought. If it was just "dipping" to supplement his own income, then the regular pension payments would have covered it and the AA payments would still be there to be repaid. But the person has clearly been taking out a lot more than suggested. Now they know about the AA payments, they REALLY need to voluntarily report this overpayment before it's discovered by someone else.

Poppie68

dandelionclock30 wrote: »

The person definatley shouldnt have taken the money for himself.However what if his parents bills needed paying etc, maybe he needed to draw out for them etc.
Also the hospital do not routinely tell the DSS who is in hospital to my knowledge. Also elderly people are not allowed to languish in hospital now for ages and a person can keep their AA for a month whilst in hospital etc.
Also I cant see a hospital keeping 2 elderly people in for over a month each.They would be sent to nursing homes as hospitals dont have the capacity for keeping people in for ages.
Also unless the person who stole the money rings up the DSS,or the elderly people do then how will the DSS know?

The op says the father has been in 6 months and the mother 2 months......
The DWP should be informed at the latest 28 days after the claiment was admitted to hospital. If the claiments have bills that need paying this would have to be financed some other way, chances are they have some savings. Its not just AA that would stop, housing benefit, council tax and pension credits also would be affected.

I cant believe no plans have been put in place for the son to offically deal with his parents financial business, the op has implied they maybe have dementia or such like, so whats going to happen with their home and financial affairs if they are incapable of dealing with it and the son is not legally allowed.
The son needs to phone the DWP and make arrangements to pay back what he has basically stolen. This money did'nt belong to his parents as they are no longer entitled to it, so he has stolen from the DWP and tax payers, i think he needs to be prepared to be prosecuted.