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Client’s family member refuses to claim benefit - any suggestions?
Hi all
I have an elderly client who has a severely mentally ill son living on his own elsewhere. The son lacks any insight into his condition. He will not claim ESA or PIP so the client is supporting him. The client has had her income maximised but is completely impoverished by having to support her son out of her limited income to the extent that her health is at risk.
The client does not engage with anyone - advisers ,GP, etc.
Are there any rules about claiming on behalf of someone who refuses to make a claim themselves? Or any other suggestions that could help the client? Or any similar cases that have been resolved some other way?
ta, Owen
In all honesty, I think the only choice is for her to cease supporting him. I can’t see any way in which the DWP would agree to accept a claim from her in respect of him especially if there is no recent evidence (GP, CMHT input, etc) which she could use to demonstrate his current condition. If he is willing to make the claims she could potentially become his appointee for benefit purposes but he’ll have to make the claims (or give verbal permission for her to act on his behalf) in the first place. If she was to cease supporting him in a controlled way (with his GP/housing provider/anyone else involved with either of them notified in advance and kept in the loop as it were) so as to limit any collateral damage…and if he ends up in hospital under a section it might possibly be the best thing for both of them…
have to wonder if the son even has capacity
if he doesn’t have capacity, which on what you say seems likely, you could involve social services, get him assessed, they will act as his appointee (and possibly even as his deputy for CoP purposes) and that should sort out the issue as he will then get his own benefits.
DWP isn’t joined up enough to look at the Mental Capacity Act and its ramifications (which is why i still think Re B might go differently today…)
DWP are now insisting on a formal capacity assessment before accepting an appointee.
Hi all
I have an elderly client who has a severely mentally ill son living on his own elsewhere. The son lacks any insight into his condition. He will not claim ESA or PIP so the client is supporting him. The client has had her income maximised but is completely impoverished by having to support her son out of her limited income to the extent that her health is at risk.
The client does not engage with anyone - advisers ,GP, etc.
Are there any rules about claiming on behalf of someone who refuses to make a claim themselves? Or any other suggestions that could help the client? Or any similar cases that have been resolved some other way?
ta, Owen
I wouldn’t start with the DWP but the GP, Community Mental Health Team and local authority adult care department. You could C.C them all into the same letter/email requesting they assess the son and the mother. She could do with a Carer’s Assessment and there maybe safeguarding and capacity issues around her and his financially vulnerability etc. It’s a situation that is bad for both of them and they are clearly at risk if her account is true. Hopefully she will give you permission to contact these people, but it’s not necessary when you feel there is a genuine risk to health involved.
As for the DWP we’ve always had it where they come to the house and assess the appointee themselves, but I’ve not done one for a bit, doesn’t this happen anymore?
Shaz is right its a safeguarding issue. Excatly the type of the case that the Care Act 2014 is designed to help with.
Owen…..You might want to evoke its spirit given that it is (in the main) coming in on April 1, 2015….
There again it does not seem to have resonated yet with some LAs….