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Q. re capital exceeding £16k
oh_really
Posts: 907 Forumite
If a young adult is being supported to live in their own home (physical & mental health issues), who is responsible for reporting changes in capital to the DWP.
Their parents are involved in the affairs but take no function in the activities of living. LA social workers have done a needs assessment and contract out to support provider. Due to several factors, (carers can't be motivated), the cared for individual has accumulated (and continues to accumulate) a sum which would see means testing benefits stop.
Where does the responsibility lie for ensuring compliance? SW, Parents, care provider?
Genuinely interested.
All hypothetical of course.
Their parents are involved in the affairs but take no function in the activities of living. LA social workers have done a needs assessment and contract out to support provider. Due to several factors, (carers can't be motivated), the cared for individual has accumulated (and continues to accumulate) a sum which would see means testing benefits stop.
Where does the responsibility lie for ensuring compliance? SW, Parents, care provider?
Genuinely interested.
All hypothetical of course.
0
Comments
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If the person has an appointee then it would be their responsibility, if they don't then it would be solely down the claimant to report all changes.
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The claimant lacks capacity. Is social work regarded as responsible?0
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Potentially but it still maybe the parents.
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Yeah somebody will need to register as her appointee with the DWP or she will still be liable to report any changes in her circumstances.
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That’s correct. You can’t be someone’s appointee without first going through the process with DWP. A person lacking capacity doesn’t mean they have an appointee though. They may still be responsible for their own claim.calcotti said:
I think, only if they have been registered as a DWP appointee.oh_really said:The claimant lacks capacity. Is social work regarded as responsible?1 -
This potentially opens a can of worms. If the claimant doesn't have the capacity to act for themselves who made the claim on their behalf? In the olden days of paper claim forms the person completing the form had to sign it. I can't remember whether or not the fact that the claimant hadn't signed it themselves would trigger questions about appointeeship.
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