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Deputyship and disclosure

 

Saz
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Trust Officer, The Friendly Trust

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Total Posts: 1

Joined: 2 January 2019

Hi, we are deputys under a Court of Protection Order for one of our Service Users.  The DWP are now paying his State Pension to our requested account but prior to our involvement the pension was being paid to another bank account which we cannot find. The DWP refuse to give us details of this account which we need to locate for obvious reasons and more so because of the previous fraud in other accounts he had. They say they will only give the details to the police and I have asked the PC who has been involved if he could ring them but he has not been forthcoming probably because his time is spent doing police work. I would have thought as deputys for financial affairs under a court order the DWP would provide us with this information. Do I need to apply to the court for disclosure of the account or does anyone have any ideas how I can obtain this information from them.

     
ClairemHodgson
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Solicitor, SC Law, Harrow

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Saz - 01 March 2019 09:54 AM

Hi, we are deputys under a Court of Protection Order for one of our Service Users.  The DWP are now paying his State Pension to our requested account but prior to our involvement the pension was being paid to another bank account which we cannot find. The DWP refuse to give us details of this account which we need to locate for obvious reasons and more so because of the previous fraud in other accounts he had. They say they will only give the details to the police and I have asked the PC who has been involved if he could ring them but he has not been forthcoming probably because his time is spent doing police work. I would have thought as deputys for financial affairs under a court order the DWP would provide us with this information. Do I need to apply to the court for disclosure of the account or does anyone have any ideas how I can obtain this information from them.

Write to the DWP’s solicitors putting them on formal notice that if the information is not forthcoming you will

1.  Apply to court for an order that the information be disclosed
2. that the DWP pay the costs of such application.

At the same time, given you ARE Deputy, you can write to every bank/building society in the country, enclosing a copy of your deputy order, asking for details of any accounts in your client’s name (that’s what i was advised to do when took over mother’s affairs as deputy; it works).  Doing the latter will enable you to find any other account the patient might have anywhere

     
Saz
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Trust Officer, The Friendly Trust

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Total Posts: 1

Joined: 2 January 2019

Thanks Claire, letter prepared to DWP.
Saz