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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA o/p for non-discolsure of DLA-PIP failure

CDV Adviser
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Nestor Financial Group Ltd

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My client lacks capacity and has a professional deputy.

He failed the DLA-PIP assessment in December 2016 but the DWP weren’t notified until September 2017. Therefore an O/P of SDP. Has anyone appealed this successfully? The notification does not state that the claimant needs to notify the DWP and given the decision is from the DWP, assumed they would already know.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Our factsheet covering LPA’s and Deputies states:

A deputy must pay a bond to a security bond provider to protect your finances to cover any loss as a result of their behaviour. (section 8.1)

So I don’t think your client should lose out financially whatever happens.

Arranging for someone to make decisions on your behalf

CDV Adviser
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Nestor Financial Group Ltd

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Thanks Paul, very useful.

stevenmcavoy
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Welfare rights officer - Enable Scotland

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their letter from income support/esa etc usually will say they have to notify them of such changes,  #

unfortunately the client/appointee also has to notify each paying office.

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Not sure if this thread helps ie. if you could find out if DWP were aware due to automatic notification

https://www.rightsnet.org.uk/forums/viewthread/11995/

[ Edited: 2 Nov 2017 at 11:54 am by unhindered by talent ]