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Fraudulent Carers Allowance claim and backdated SDP

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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We have a bit of a messy situation involving a woman with HIV related dementia. Her husband (they are separated but still married) has been claiming CA for looking after her, seemingly fraudulently as she states that although he does odd bits and bobs for her he has not provided 35 hours of care since they separated. He is also her appointee for DWP benefits and at some point he seems to have got her to sign blind a form confirming that he cares 35 hours p/w for her (a form sent out by CAU after we returned the IS10). With him being her appointee I’m not sure how much weight signing this form will have.

The situation became known as I had spotted that she was not getting SDP when she should have been and completed an IS10 form to request payment, which was refused due to the CA claim. Although the woman has dementia and an appointee for DWP benefits she has been deemed to have capacity for all other financial and medical decisions that we are aware of.

She seems keen to pursue a complaint against her former partner for fraudulently claiming CA. If this results in the removal of the CA claim and an overpayment against the husband, would this entitle her to a backdate of the SDP for the period when the fraudulent CA claim was in place? She meets all of the other criteria and if the decision to award CA has been superseded does this mean she would have backdated entitlement as well as ongoing?

ClairemHodgson
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dunno, but if she has dementia, how do you know she is right in what she says about the care provided?

past caring
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I’d have thought the main thing would be to get the current CA claim and benefits appointeeship removed so that the SDP can be paid on an ongoing basis - that should be relatively straightforward.

To have the past award of CA held as faudulently claimed is going to be more tricky - and very largely out of your and your client’s hands (it will be for the DWP to decide there was an overpayment, that this was obtained by fraud and to decide whether to prosecute) - and even if there were a prosecution, I’d have thought a conviction would be far from certain in circumstances where it’s going to come down to your client’s word against the ex-partner’s as to the exact amount of care provided each week…..

BC Welfare Rights
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Hi, thanks Past Caring. Yes, appreciate it is largely out of my client’s hands what happens with the CA, just wondering on the backdate part in anticipation of possible outcomes. I think that you are implying that it should be possible in the scenario outlined? There are various other parties involved who can also shed light on the level of care provided.

Claire, HIV Associated Dementia is not necessarily a progressive form of dementia, it is treatable. Its development can be arrested and probably reversed. If not, the brain can seem to find other methods of functioning that compensate and enable people to maintain/regain capacity, although we also have a number of clients who have significant ongoing cognitive problems years after the initial problem was treated. As I understand it, this woman has been assessed as having mental capacity by all involved with her care and she does manage to live reasonably independently.

past caring
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Billy Durrant - 15 June 2016 09:58 AM

Hi, thanks Past Caring. Yes, appreciate it is largely out of my client’s hands what happens with the CA, just wondering on the backdate part in anticipation of possible outcomes. I think that you are implying that it should be possible in the scenario outlined? There are various other parties involved who can also shed light on the level of care provided.

The truth is I simply don’t know - SDP can be awarded in arrears and going back to when entitlement started (could be some issue about IS being informed ‘as soon as reasonably possible’ but this ought to be surmountable) - I was just suggesting there’s no prospect until such time as there’s a decision that ex-partner was not entitled to CA. I don’t thinlk you’d need a fraud conviction for that, though - a simple overpayment decision should suffice.

ClairemHodgson
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Billy Durrant - 15 June 2016 09:58 AM

Claire, HIV Associated Dementia is not necessarily a progressive form of dementia, it is treatable. Its development can be arrested and probably reversed. If not, the brain can seem to find other methods of functioning that compensate and enable people to maintain/regain capacity, although we also have a number of clients who have significant ongoing cognitive problems years after the initial problem was treated. As I understand it, this woman has been assessed as having mental capacity by all involved with her care and she does manage to live reasonably independently.

ah!  live and learn…..

Dan_Manville
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That’s likely financial abuse Billy; you should raise it as a safeguarding issue with your local Social Services. They might say it’s just a benefit issue and come back to you but on the other hand if they’ve got any nous they’ll know that they’ll have a lot more clobber to get the appointeeship displaced.

Many moons ago when I applied for a job at Kirklees CAB there was still a Welfare rights service dealing with non LSC cases; I don’t suppose they’re still around?

To expand; the Care Act nominates “The Minster of State with responsibility for Social Security” as a safeguarding partner so JCP have a compulsory role in adult safeguarding now that it’s on a statutory footing.

I’ve been trying to get our local office to appreciate that but have always discovered another way to get things sorted.

It can be a nightmare displacing an appointee so getting Social Services involved might be handy leverage and if anyone’s motivated to drag DWP kicking and screaming into the safeguarding board they might be keen to assist.

[ Edited: 16 Jun 2016 at 12:19 pm by Dan_Manville ]
BC Welfare Rights
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Thanks Dan. Yes, we’re treating it as a safeguarding matter and our support team is going through the procedures.

Yes, Kirklees benefit advice service (KBAS) still exists although regular funding cuts have reduced its capacity somewhat. Really sad to see some great people who have slogged their guts out providing an excellent service for the people of Kirklees for years leave the sector.  Darran, the manager, also regularly slags me off for posting too much on here when I see him (hi Darran, me again!)

Thanks for the advice and reminder re. the Care Act, I had forgotten that. Also interested to hear that displacing an appointee can be difficult, wasn’t expecting problems with that but forewarned is forearmed.
.

ClairemHodgson
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Billy Durrant - 16 June 2016 07:51 PM

Thanks Dan. Yes, we’re treating it as a safeguarding matter and our support team is going through the procedures.

Yes, Kirklees benefit advice service (KBAS) still exists although regular funding cuts have reduced its capacity somewhat. Really sad to see some great people who have slogged their guts out providing an excellent service for the people of Kirklees for years leave the sector.  Darran, the manager, also regularly slags me off for posting too much on here when I see him (hi Darran, me again!)

Thanks for the advice and reminder re. the Care Act, I had forgotten that. Also interested to hear that displacing an appointee can be difficult, wasn’t expecting problems with that but forewarned is forearmed.
.

a good thought.

that might involve a trip to the CoP, of course, if there are difficulties and a gordian knot needs cutting through….

Paul_Treloar_AgeUK
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We produce a factsheet on safeguarding, obviously aimed at older people but most of the information applies across the board.

Safeguarding older people from abuse and neglect

This is currently being updated so new version will be available in a couple on months.