Re: Can They Claim This Money Back

Peter Crosland wrote:
Before my gran went into permanent care I used to be the appointee for her affairs which meant her pension was paid into one of my bank accounts and I used to pay her bills etc.

Anyway, she went into care at the beginning of January and I phoned up the DWP to inform them of this as they then send her pension direct to the care home.

Today I got a letter through from the DWP advising me of a change in her attendance allowance. This is a small top-up to the normal pension that is paid monthly. I was a bit puzzled about this but when I checked my bank statement online I found that they had carried on paying this money after they had stopped paying her pension to me. I hadn't noticed earlier as I don't check statements on that account and my girlfriend just checks the balance peridodically and tops it up in order to cover direct debits. This means that a large portion of these payments has been spent by mistake!

As I correctly notified the DWP to stop making payments do I have a leg to stand on when they try to claim them back? If the money was still sat there in the account I would simply return it but it's not and it will cause us some hardship to pay it back.

You owe the money and they can rightly reclaim it from you.

It depends on how her care is funded and there are different rules for different parts of the UK. In England, if someone is self funding private care they can still receive Attendance Allowance.

They might allow
you to do this by instalments.

If he has to pay back this would be the normal method of recovery. It's rare the DWP will ask for the entire amount to be paid back in a lump sum. That only tends to happen if rare circusmtances


Alternatively if I instructed my back to refuse any payments from the DWP from now on do you think it may just go unnoticed?

Don't even think about it.

Indeed. This would be the most foolish thing to do.

Peter Crosland




--
Robbie
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