Spent parents Attendace Allowance

broad-sword_2

Read the first few comments only. In answer, yes, if the there has been an overpayment DWP will want it back. If the parents have died then it is liable against the estate of course. It could all get awfully legal but if said friend has been given access to their money then it would be difficult. I do not know all the circs of course, but your tale makes me even more determined to look after my elderly loved ones.

troubleinparadise

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 does not appear to be very savvy about his own financial affairs; and the OP says that he has only recently located his parents' paperwork.

The Office of the Public Guardian appoints deputies or attorneys to handle the affairs of a person who is unable to manage for themselves (ie, lacks capacity). So the OP's friend can apply to become a deputy himself; this does take time and effort, and is not a quick process.

Mojisola

troubleinparadise wrote: »

The Office of the Public Guardian appoints deputies or attorneys to handle the affairs of a person who is unable to manage for themselves (ie, lacks capacity). So the OP's friend can apply to become a deputy himself; this does take time and effort, and is not a quick process.

Someone who has been helping himself to money from his parents' accounts while they were in hospital is not suitable to be a Deputy!

dd101

Are you saying that the son was told by his parents to use some of their money to help him out, which he did and then latter on found out they was actually in receipt of AA and realised the money he had been taking was from benefits and not their own money?

If this is the case and he has no legal obligation to manage the parents finances/ benefit claims then surely he is not at fault? The parents knew they was receiving AA and allowed the son to take money from them, giving the son the impression it was their money when they knew it was benefits he was taking. Depending on the parents condition, it might be fair to say that they could not fully understand the rules (dementia etc). So it may just be a case of paying back as regardless of mistakes they will need to pay back what is owed but I think the irresponsibility would fall on them and not the son.

However, if this was my account for example and my partner had been taking the money but he had logged into my online banking then one could assume he would have known it was benefits and not my savings but if he just had my debit card he would have no idea where the money was coming from???

On another note, the son shouldn't really be taking money from his very ill and ageing parents :-? has he thought about and is he in a position to make his own claims if he desperately needs help. I know someone mentioned a job but when running a business it isnt always that simple to shut up shop and move on, if that isnt an option and he needs to remain involved in the business for X amount of time but isnt earning enough income, is he not entitled to something like working tax credits?

I strongly recommend he calls DWP, explains that his parents were kindly giving him money on a regular basis to help him out and only now, after managing to look through paperwork has he realised they was in receipt of a benefit they shouldn't have been and the money he has been taking was benefit. They may investigate but I cant see what he has done illegally, they need to know so they can put them on the right benefits as and when they need to be on them and calculate any overpaid amount. Then it will be up to a responsible adult to appeal any decision of paying money back on behalf of the parents as the parents may not have been in a state of mind that allowed them to understand they needed to inform the authorities about their stay in hospital.

I wouldn't take what ive said as gospel as im only speculating.

margaretclare

If you go into hospital e.g. for essential surgery or treatment, it's not necessary to tell the DWP, it's only necessary if you're going to be there for 4 weeks or longer. In this case, 6 months and 2 months? AA is meant to pay for extra help etc and in hospital, you're getting all this help anyway. If this AA money has been still paid into parents' bank accounts and has been 'disappearing', this is fraud. Not the parents' fault if they're not capable of informing the DWP themselves, but someone is at fault here.

Mojisola

margaretclare wrote: »

If you go into hospital e.g. for essential surgery or treatment, it's not necessary to tell the DWP, it's only necessary if you're going to be there for 4 weeks or longer. In this case, 6 months and 2 months? AA is meant to pay for extra help etc and in hospital, you're getting all this help anyway. If this AA money has been still paid into parents' bank accounts and has been 'disappearing', this is fraud. Not the parents' fault if they're not capable of informing the DWP themselves, but someone is at fault here.

And it will be claimed back.

hunters

I deal with fraud for a major bank and sadly its all too common that fraud is perpetuated by family members dipping into elderly relatives money.

dandelionclock30

I would rather starve on the streets than dip into my parents bank account. I think unless its to pay for their bills then its totally despicable.
I cant believe that a hospital would keep an elderly person in 6 months!!. They are usually sent to various Homes, hospices etc way, way before this mark.

Heycock

At one time hospitals had social workers attached to them whose job was to advise and help on things like this when people were identified as long term. Doesn't this happen anymore?

Torry_Quine

dandelionclock30 wrote: »

I would rather starve on the streets than dip into my parents bank account. I think unless its to pay for their bills then its totally despicable.
I cant believe that a hospital would keep an elderly person in 6 months!!. They are usually sent to various Homes, hospices etc way, way before this mark.

It can be many, many months once a decision has been made before someone moves into a care home. This is especially so if they are to be funded by the local authority.

Heycock wrote: »

At one time hospitals had social workers attached to them whose job was to advise and help on things like this when people were identified as long term. Doesn't this happen anymore?

It won't happen automatically but the relevant department needs to be sent a referral. If the family say they are dealing with finances then it will be left to them.