Parent stealing disability benefits from my little sister

letthemeatcake

How long has she got on the current award? Could she just cancel the current claim and start afresh with a new claim, giving her own bank account details and simultaneously asking for a new appointee? I know this isn't ideal as there would be a wait for a new award to be issued but if she hasn't long on her current award it might be worth starting again. I think there is a 6 month gap between an old claim and making a new one if an award is refused but not sure if that is the case if cancelling a current award.

With the car the mother must use it for the  sole benefit of her Daughter and not for her own personal use and motobility should be notified if this is not the case.

rajd

Interesting idea. I think she only recently renewed the claim. And it's a situation I'd rather avoid, but appreciate that it is an option if needed. 

Yes we are having the conversation directly with the mother this weekend. Will see how it goes. Bit of a family intervention. The sister tried but couldn't do it so has asked for help. 

poppy12345

letthemeatcake said:

Could she just cancel the current claim and start afresh with a new claim, giving her own bank account details and simultaneously asking for a new appointee?

You can't just cancel a PIP award and even if you could i really can't see the benefit in doing that, at all. The appointee can be cancelled and they can deal with their own claim going forward.

theoretica

Would it be wise to keep the father informed?  From what you say, there is a risk that he might need to be on standby to remove the younger sister from the situation if all goes very poorly.

letthemeatcake

poppy12345 said:

letthemeatcake said:

Could she just cancel the current claim and start afresh with a new claim, giving her own bank account details and simultaneously asking for a new appointee?

You can't just cancel a PIP award and even if you could i really can't see the benefit in doing that, at all. The appointee can be cancelled and they can deal with their own claim going forward.

I thought you just tell them you don't want it anymore. But I agree that it is unlikely to make things any better in that the appointee remains.

letthemeatcake

OP says a car was obtained in 2019. Some awards (but not all) are made for 3 years so it could mean a renewal is due.

I think the way forward is to keep the current award ongoing and to make attempts to change appointee and to inform motability that appointee is using the vehicle for her own interests.

There was a post on here a few years back where it took ages for the money to be paid to the claimant in a similar position but cannot find it.  

rajd

theoretica said:

Would it be wise to keep the father informed?  From what you say, there is a risk that he might need to be on standby to remove the younger sister from the situation if all goes very poorly.

He is. But being on the spectrum himself, I’m conscious of overwhelm. He is however aware of everything. 

Tigsteroonie

I don't know if an intervention is necessarily a good idea - it'll let the mother know that you are onto her "mishandling" of the claims and, if this is all deliberate, she'll go into protective mode. For example, she might phone Motability herself and say that her daughter is at Uni but 'lives at home mostly' so they need to keep the car.

Better I feel would be for you to provide support to the claimant sorting all this out  herself - following the guidelines II think from Scope?) linked above about removing an appointee for the PIP claim, or changing the appointee to somebody else redirecting that regular payment, speaking to Motability about having moved away, removing the named driver, asking about early return of that car, ordering a small new one and getting driving lessons. Once the PIP is sorted, she can then possibly seek other benefits.

poppy12345

letthemeatcake said:

poppy12345 said:

letthemeatcake said:

Could she just cancel the current claim and start afresh with a new claim, giving her own bank account details and simultaneously asking for a new appointee?

You can't just cancel a PIP award and even if you could i really can't see the benefit in doing that, at all. The appointee can be cancelled and they can deal with their own claim going forward.

I thought you just tell them you don't want it anymore.

No, that's not how it works.

easy

F70 said:

Does any of the above go against the original PIP claim? 

For example the mother could have lied or exaggerated to get the pip claim in the first place if she was so money obsessed and controlling. 

She may well be more capable than put on the forms thus would have never been entitled in the first place.

Yes,  I'm concerned that - as you say this young lady is able to manage her own money, and is living independently in hall of residence -  I think her PIP claim may have been exaggerated,  and a re-assessment now might lead to a reduced level of payments (although as she isn't receiving any money at all from her mum,  a reduced benefit directly to her is better than a higher benefit paid to her mother).  In particular,  if she doesn't have mobility difficulties, and she is able to plan and make her own journeys on public transport, she won't be entitled to the higher rate mobility component,  so the motability vehicle would be withdrawn straight away.