Carers Allowance Claim Forms

See attached.

Many thanks for this

I have a client who has been overpaid ESA on account of loss of the SDP from September 2019 (SDP loss was because carer claimed carers allowance)

I now need to ask her about her statement on page 9 of the form given that it was included in the 2019 version

Stainsby - 18 May 2022 05:21 PM

Many thanks for this

I have a client who has been overpaid ESA on account of loss of the SDP from September 2019 (SDP loss was because carer claimed carers allowance)

I now need to ask her about her statement on page 9 of the form given that it was included in the 2019 version

I appear to have very similar case, the CA was claimed in 2018 but the client, who is completely blind, has no recollection of being asked to sign any CA forms and was not warned that a claim for CA by a relative might affect her benefits. She has now been asked to repay about £10k SDP.

Although I am waiting to see some letters re the overpayment my initial thoughts are that there was an error on the part of CA who appear to have processed and paid a claim without the cl’s signature and by that error caused the overpayment.  The overpayment therefore isn’t recoverable.

Any thoughts?

Pete at CAB - 16 June 2022 09:41 AM

I appear to have very similar case, the CA was claimed in 2018 but the client, who is completely blind, has no recollection of being asked to sign any CA forms and was not warned that a claim for CA by a relative might affect her benefits. She has now been asked to repay about £10k SDP.

Although I am waiting to see some letters re the overpayment my initial thoughts are that there was an error on the part of CA who appear to have processed and paid a claim without the cl’s signature and by that error caused the overpayment.  The overpayment therefore isn’t recoverable.

Any thoughts?

The online CA claim form has been around for much longer than the start of covid restrictions and it has never asked for any input from the person being cared for. I think that what should be happening is that the CA Unit should contact the person cared for to explain that the CA claim ahs been made and check that they are aware and are being cared for 35+hrs a week.

If your client was not aware of the CA claim, signed nothing, and was not written to by the CA Unit, then can’t they argue that they were simply not aware of any change that would have affected their ESA entitlement, so cannot have failed to disclose a relevant material fact?

Pete at CAB - 16 June 2022 09:41 AM

Stainsby - 18 May 2022 05:21 PM

Many thanks for this

I have a client who has been overpaid ESA on account of loss of the SDP from September 2019 (SDP loss was because carer claimed carers allowance)

I now need to ask her about her statement on page 9 of the form given that it was included in the 2019 version

I appear to have very similar case, the CA was claimed in 2018 but the client, who is completely blind, has no recollection of being asked to sign any CA forms and was not warned that a claim for CA by a relative might affect her benefits. She has now been asked to repay about £10k SDP.

Although I am waiting to see some letters re the overpayment my initial thoughts are that there was an error on the part of CA who appear to have processed and paid a claim without the cl’s signature and by that error caused the overpayment.  The overpayment therefore isn’t recoverable.

Any thoughts?

I have asked my client to make a subject access request so I can get a fuller picture of what she knew and what she told the DWP

Regardless of official error by the CA section, its still the case thst there can be no failure to disclose a fact that is not known to the claimant

I represented in a case where the DWP were arguing that the claimant “ought to have known” , but their argument did not stand up on the day because the threshold is high and imparts the notion of constructive knowledge of a fact that the claimant deliberately turned a blind eye to ( sic)

There are some authorities where constructive knowledge was at issue.  I have outlined them in a skeleton argument that I have attached here.  Feel free to adapt it

I poached a bit of your stuff, Derek, in an online appeal for a client in the summer.
HMCTS has advised her that the appeal has been lapsed, DWP are not pursuing.  £16k has been written off for an extremely relived client.

Thanks, as always, to Rightsnet contributors: we are forever indebted.

Elaine