Elderly parent with savings

Alice_Holt

Unlikely to be Income Support. See eligibility here:
https://www.entitledto.co.uk/help/eligibility-income-support

Is it State Pension (SP) and Pension Credit, or just SP.

If self funding the AA can continue, but your father should notify AA of this circumstance.

"Realistically I should just ring and tell them it’s nothing to do with me and I have no power of attorney
Agreed, you don't necessarily have the full picture as not an appointee, and could give the DWP incorrect info. In any case DWP may have breached GDPR and privacy guidelines by asking you for information about your father's benefits and financial situation. Has your father given the DWP written authority for you to speak to them?

TELLIT01

I agree that the OP should take several steps back from the situation, and do it quickly before Social Services decide the OP is responsible for everything. The lack of contact with the father over the years means they can't have full knowledge of his situation. They could also get embroiled in spurious claims from the father if he is a difficult as seems to be the case.

Gold_Shogun

Lil_frazzle wrote: »

Will I get into trouble for helping him fill in the form as I had no knowledge of savings.

One of the Primary Legal Principles of Benefit Law is that :- "A person cannot 'Fail To Disclose' something which he/she is not aware of"
Consequently, you personally should be OK provided your Dad had never told you or made you aware of those savings at the time you "enscribed" the form for him due to his inability to write himself.

Lil_frazzle wrote: »

I filled the form in with his answers as he can’t write and I got him to sign it. But I added a note that he was in a home and that I had filled it out for him so I guess that is why they’re asking me.

Thanks for the advice re telling them that I am not his appointee etc and that he is of sound mind as that never crossed my mind.

Presumably ... (a) He told you the answers to write AND you read the answers back to him OR he read the form before he signed it. ... and (b) at no time have you claimed or signed that you were his appointee or official Trustee/Representive for his affairs/savings.

In which case, your Legal Position in assisting him to write out HIS form is merely that of a "Scribe", and you would NOT be personally liable ... BUT don't be surprised IF any Authorities (DWP / Council / Police / Etc) try to "twist or trick" you into making some kind of (innocently made) comment or statement which could be falsely used or misquoted against you (OR your Dad), so ALWAYS think carefully about anything you may say/state in the future.


PMLINDYLOO's advice to you is very sound, as is all the general advice from various posters about NOT routinely allowing Social Services to become your Dad's Appointee (unless there are special circumstances for it).

Gold_Shogun

TELLIT01 wrote: »

I agree that the OP should take several steps back from the situation, and do it quickly before Social Services decide the OP is responsible for everything. The lack of contact with the father over the years means they can't have full knowledge of his situation. They could also get embroiled in spurious claims from the father if he is a difficult as seems to be the case.

Unfortunately ... VERY true !

The OP definitely needs to protect himself, especially if he wishes to continue helping his Dad (where possible) in the future.

Lil_frazzle

Ok so have spoke to loads of people today and he’s always been in receipt of guaranteed pension. So was entitled to full housing benefit and they don’t think his savings would matter?

pmlindyloo

Lil_frazzle wrote: »

Ok so have spoke to loads of people today and he’s always been in receipt of guaranteed pension. So was entitled to full housing benefit and they don’t think his savings would matter?

Guarantee Pension Credit is a means tested benefit and, in you case, topped up his state pension to the amount that the government says he needs to live on.

Yes, it does give automatic entitlement to Housing Benefit and Council Tax (up to his personal circumstances - a one bed local housing allowance).

BUT, savings are taken into account. They reduce the Pension Credit 'top up' at the rate of £1 for every £500 over £10000.

If his savings means that he gets no Guarantee Pension Credit then he would lose his housing benefit and council tax reduction (he would retain the 25% discount for living alone for CT)

As previously said, he MAY have had an income assessed period when he went on Pension Credit which meant that he did not have to declare any change in his savings.

You need to find out if he had this by looking at his Pension Credit award letter.

calcotti

Lil_frazzle wrote: »

Ok so have spoke to loads of people today and he’s always been in receipt of guaranteed pension. So was entitled to full housing benefit and they don’t think his savings would matter?

Yes and no. If he was eligible for guarantee Pension Credit it is true that he would automatically be entitled to full housing benefit and savings limit would not apply.

However in calculating entitlement to Pension Credit generally the savings have to be taken into account. If this is the case the first £10,000 are ignored by a deduction of £1 is made for every £500 above £10,000. Therefore savings of £70,000 would result in a deduction of £120 from the maximum Pension Credit entitlement. If his Pension Credit has been more than this then he will still have been entitled and the Housing Benefit will be OK. If Pension Credit has been below this he was not entitled to Pension Credit and probably not to Housing Benefit.

Either way, in these circumstances, there would have been an overpayment of Pension Credit because the savings over £10,000 should have been taken into account.

However if he has an Assessed Income Period which has not expired, as previously referred to by pmlindyloo, he will be OK as in that case he would not have needed to report any changes to his savings and he would be entitled to keep his initial award without change.

EDIT - I see pmlindyloo has posted similar advice while I was typing!

TELLIT01

Managing to accumulate £70k simply from not spending benefits seems a lot, unless he has been on benefits for a very long time. If it really is from saving his benefits, it would seem he is another 'victim' of the system.

I know it is how the system works, but it seems nonsensical that people are being penalised for actually living on less than the Government deems essential.