We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Q. re capital exceeding £16k

oh_really
oh_really Posts: 907 Forumite
500 Posts First Anniversary Photogenic Name Dropper
edited 29 April 2021 at 4:46PM in Benefits & tax credits
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.

Comments

  • poppy12345
    poppy12345 Posts: 18,974 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • oh_really
    oh_really Posts: 907 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    The claimant lacks capacity. Is social work regarded as responsible?
  • poppy12345
    poppy12345 Posts: 18,974 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Potentially but it still maybe the parents.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    oh_really said:
    The claimant lacks capacity. Is social work regarded as responsible?
    I think, only if they have been registered as a DWP appointee.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tomtom256
    tomtom256 Posts: 2,256 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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.
  • poppy12345
    poppy12345 Posts: 18,974 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    calcotti said:
    oh_really said:
    The claimant lacks capacity. Is social work regarded as responsible?
    I think, only if they have been registered as a DWP appointee.
    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. 
  • TELLIT01
    TELLIT01 Posts: 18,568 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    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.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.1K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.1K Work, Benefits & Business
  • 603.7K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.