Patent with care claiming frauds rely

faygreen

Hi all. I need some advise. 

My husband has paid CMS to the parent with care for 16 years now, his eldest son is 19 in January 21 and has lived in assisted housing for over 6 months, does a few hours a week education and has mental health problems. She claims all his benefits and caters allowance, which I’m assuming he should be claiming now in his own right.
My question is, should the parent with care still be claiming child benefit? We’ve been told told the benefit is still in payment even though he no longer lives with his mother which means my husband is still liable to pay Child Maintenance. Is this right? We’ve contacted benefit fraud with no joy as due to data protection they can’t tell us anything, we’re now going through an appeal with a first tier tribunal but due to Covid it’s taking a while. 

Thanks all. 

faygreen

Apologies for the spelling mistakes in the title. It should read; 
(parent with care claiming fraudulently)

Browntoa

Click on the cog symbol , top right of your post, and then edit.

Should allow you to correct

poppy12345

Carers allowance can't be claimed by the son because you can't claim this for looking after yourself. Although for the mother to continue to claim this she needs to be caring for her son for at least 35 hours per week.

As for the other benefits like child benefit this can continue until the child's 20th birthday if they continue to live at home (with parent/s) and remain in full time non advanced eduction. As he's living in supported housing then he should be claiming benefits like Universal Credit in his own right, which would mean the child benefit would end.

For the DLA or PIP claim then his mother could be his appointee, which would mean his payments would be made to her bank account.

faygreen

This is what I thought! 

She is claiming his carers allowance (doesn’t care for a few hrs every day let alone to amount you quoted) and all his other benefits. He can claim is PIP and UC in his own right if he wants. Carers allowance obviously not, think I worded it wrong. Thank you for the reply. This forum is new to me. 

TELLIT01

If his mother is his appointee for benefit purposes, he won't be able to claim anything directly.  It will all be routed through his mother.  If you believe she is claiming Child Benefit fraudulently you should report it.

faygreen

I have reported it numerous times, but nothing ever comes of it! 

Spoonie_Turtle

faygreen said:

I have reported it numerous times, but nothing ever comes of it! 

Do you actually know exactly what benefits he is claiming? If not then know you've done your bit by reporting and the investigation is out of your hands. Benefit fraud does not go unaddressed.

As for the Carers Allowance, do you know for certain that she's not on the phone to him for hours in the day providing encouragement or support? Do you know that she's definitely not doing his shopping, doing his laundry at her house, cooking meals for him, etc.? Care does not have to be in their physical presence.

faygreen

I do know that she doesn’t do any of this and can go for days without contact as he’s very close to his grandparents! I’m not actually too worried about the carers side of things, my main problem was just wanting clarification that if a child moves out the family home is child benefit still payable? 

poppy12345

You keep referring to him as a "child" but he's far from it, he's an adult in his own right.