Overpayment of IS due to capital change

NYM

gillybean129 wrote: »

I have had a £50 civil letter penalty asking me details of why I didn't inform them of capital changes. I need to get this back in a few days.
Basically I am an appointee and am unsure of how many times you should notify after the £6k limit is reached. Is it every month, week?
I had an assessment going back over the past 15 months and this there will have been an overpayment of a few hundred hounds.
Unfortunately due to my personal circumstances I have let this slip and not kept my eye on the ball, happy to pay the fine and of course any overpayment, I just want it out of the way.
I would like to relinquish this responsibility but there is no one else to do it. I am also now the appointee for my Mum at DWP request and also 2 POA's for the same 2 people, I am finding it all too much to handle but can't see a way out of the appointee ships.

As an appointee you are responsible for notifying the Benefits Service within one calendar month of any change in circumstance, which may affect Benefit entitlement. It wouldn't be realistic to have to notify them more often.

If you no longer want to be an Appointee, you only need give one months notice to the benefits people. You don't need to find an alternative Appointee the Local authority will deal with that.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226772/Part-05_Appointee.pdf

gillybean129

NYM wrote: »

As an appointee you are responsible for notifying the Benefits Service within one calendar month of any change in circumstance, which may affect Benefit entitlement. It wouldn't be realistic to have to notify them more often.

If you no longer want to be an Appointee, you only need give one months notice to the benefits people. You don't need to find an alternative Appointee the Local authority will deal with that.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226772/Part-05_Appointee.pdf

Thank you for this, I wonder why his SW hasn't mentioned this to me other than finding someone myself?
I suppose it saves them the hassle, which besides all the anxiety I'm going through right now there is another cost i.e. the endless 0845 calls, recorded delivery letters, petrol to post office/bank/care provider, it can be very time consuming besides anything else no wonder they are keen for you to sign up.

cattermole

NYM wrote: »

As an appointee you are responsible for notifying the Benefits Service within one calendar month of any change in circumstance, which may affect Benefit entitlement. It wouldn't be realistic to have to notify them more often.

If you no longer want to be an Appointee, you only need give one months notice to the benefits people. You don't need to find an alternative Appointee the Local authority will deal with that.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226772/Part-05_Appointee.pdf

Thanks for clarifying further.


The SW works for the Local Authority which is why they should not have passed the buck back to you to sort it out.

gillybean129

I have had a conversation with IS, they have agreed I may send in capital details every three months. I shall go to the bank for up to date statements, no doubt there will be another overpayment but as long as I know where I stand and what I need to do until I relinquish this role.

NYM

gillybean129 wrote: »

I have had a conversation with IS, they have agreed I may send in capital details every three months. I shall go to the bank for up to date statements, no doubt there will be another overpayment but as long as I know where I stand and what I need to do until I relinquish this role.

That seems a sensible 'time scale'
Being an appointee for a relative must be very stressful x

(Not sure where I read it, but I'm sure you can reclaim certain reasonable 'expenses' for the role of appointee. If I can find it, I'll post it here...)

gillybean129

NYM wrote: »

That seems a sensible 'time scale'
Being an appointee for a relative must be very stressful x

(Not sure where I read it, but I'm sure you can reclaim certain reasonable 'expenses' for the role of appointee. If I can find it, I'll post it here...)

Thanks NYM though I wouldn't do that it wouldn't seem right to reclaim anything, feel under scrutiny as it is.
I am also my Mum's appointee which I was reluctant to be but when the DWP visited they could see she had lost capacity. Dad died from dementia so I have always supported her looking after the house etc, a bit of a double whammy for me now she has it too and I am totally alone because my brother can't help, quite the opposite it would seem!

cattermole

I'm glad you have found a way forward for the time being with the DWP.

Must be very hard having to deal with all of this especially after loosing your Dad to dementia and now your Mum has it as well.

You can only do so much and your obviously doing a lot for your relatives. x

Stand firm with the Social Worker an email/letter might be better so you have it in writing, that you will be notifying the DWP that you are no longer able to act as appointee and you understand it is there responsibility to make alternative arrangements for them.

mikey_bach

gillybean129 wrote: »

I have had a £50 civil letter penalty asking me details of why I didn't inform them of capital changes. I need to get this back in a few days.
Basically I am an appointee and am unsure of how many times you should notify after the £6k limit is reached. Is it every month, week?
I had an assessment going back over the past 15 months and this there will have been an overpayment of a few hundred hounds.
Unfortunately due to my personal circumstances I have let this slip and not kept my eye on the ball, happy to pay the fine and of course any overpayment, I just want it out of the way.
.

This Civil Penalty hasn't been applied yet.

There should be a blank piece of paper with the letter you need to send this back, you have two weeks or there about

On this reply explain to the department the reason why you have not sent in the capitals details.

You mention your personal circumstances give them some details to why you haven't sent them in this will be looked at in detail.

A computer generated letter should go out asking for updated bank statements at least twice a year, explain you didn't get one of these.
You know its up to you to keep them informed but with your personal circumstances you let this slip.

When they get this letter back a SDM will then look at in detail and decided whether or not to apply a penalty.

Lots of civil penalties don't get applied so its worth going into as much detail as possible.
If one does get imposed then you can ask for a recon.

Capital is reviewed every three months or there about and you should get a letter

gillybean129

Hi Mikey, thanks I do feel a bit better after reading this. I didn't realise about the letter twice yearly about capital, that never happened only after about a year which I assumed everyone had where they tally it all up. Apparently the onus as an appointee is on ME to report all changes.
You're right the penalty hasn't been applied, I will tell them the truth of course that I feel it's my fault as I took my eye off the ball and it was a genuine oversight due to lots of issues in my life, I hold my hands up to it and will send regular information as often as they want until I am free of this burden! It's just a massive headache I can do without. I find it hard knowing who/where to talk to, it's never easy and I felt like a criminal today admitting I had been issued with this penalty, I feel really ashamed but after what you have said maybe they are also partly to blame?

Cattermole, thanks, every day is a struggle and I feel devastated my Mum has this now, especially after loosing my dear Dad not that long ago. Always something eh?

[Deleted User]

since going slightly over the 6k limit 3 years ago i have not been asked since and am still assume to have the same xxx capital(which is still about correct)i was told that benefits were not counted for the period they are paid i.e weekly fortnightly or monthly