Forum Home → Discussion → Other benefit issues → Thread
Claim made fraudulently for CA.
Hi,
I have an unwell client on JSA, managed to get an award of PIP with an SDP included and helped him make a claim for ESA (he had had his extended period of sickness). His claim was accepted but, before it went into payment, he received a phone call from DWP to say a family member had made a claim for CA and so he was no longer entitled as he had lost his SDP. His JSA claim has ended and he now has no income apart from PIP. The family member must have made an on-line claim as client knew nothing about it and doesn’t see this person at all. Now his HB has been suspended too. We called CA yesterday and have been told they will send a form to this person for them to declare they are not caring. If it’s not returned within 2 weeks they will send another and, if that’s not returned after 4 weeks the claim will be closed. This seems ridiculous! His HO is sympathetic and will hold off taking action as long as he pays his under-occupancy charge of £20pw but this leaves him with virtually nothing. I am raising this with his MP but surely there must be quicker ways of getting the CA cancelled and benefits reinstated. He could, of course, claim UC, but the whole purpose of doing PIP/SDP was to avoid going down this route. Has anyone else experienced this?
It is fundamentally wrong if somebody can claim CA without reference to the person (allegedly) being cared for.
More than fundamentally wrong, it’s fraud!
The client can raise it as fraud with DWP, but I don’t know the time frames for such cases as I haven’t dealt with it personally.
If the client suffers financial hardship as a consequence of this, particularly if this is not addressed by a future backpayment from DWP, he could take the family member to the small claims court to recuperate his losses (although this will take time).
If anything, raising it as a fraud would possibly slow it down further. However, CA ought to be suspended on the basis that a question has arisen and that would then enable other things to be put back in place. Good luck.
As I recall, the person cared for should get a letter from CA saying such and such person has made a claim for CA/confirm they are caring etc.
Has this changed?
If it has not, would be worth confirming with DWP they have sent such letter to the recipient of qualifying benefit.
As I recall, the person cared for should get a letter from CA saying such and such person has made a claim for CA/confirm they are caring etc.
Has this changed?
If it has not, would be worth confirming with DWP they have sent such letter to the recipient of qualifying benefit.
That is my understanding (and my experience). Clients usually have to sign a confirmation that they are aware of, and agree to , the CA claim.
Have the DWP adhered to the correct procedure here?
The client has received no correspondence from Carers Unit. Moreover, apart from a phone call to tell him he wouldn’t be paid ESA, he has received nothing in writing to this effect. It’s on their system as we confirmed this in a visit to the JC yesterday. I’m in the process of raising a (big) complaint.
We’ve seen two recent cases of clients who have been the victim of fraudulent claims for CA. In neither case was the client aware that CA was being paid to someone who had claimed to be caring for them, until their SDP stopped. Both claims were made online.
Client 1 – appealed the decision to remove his SDP and this was eventually heard by a tribunal. Before the hearing took place, a relative of the client owned up to having claimed CA, provided a written statement to that effect, and withdrew their claim. The client won his appeal.
Client 2 – was aged 82 and received AA. The SDP was removed from his HB when an acquaintance made a fraudulent claim for CA. The client reported this to the Police, CA unit and Action Fraud, but the local authority insisted that they could not restore the SDP as long as CA continued in payment. The CA Unit refused to communicate with our organisation because we were third parties. The situation continued for months. Eventually, our client went to see the MP, and the issue was resolved within a few weeks when CA unit closed the claim.
As I recall, the person cared for should get a letter from CA saying such and such person has made a claim for CA/confirm they are caring etc.
Has this changed?
If it has not, would be worth confirming with DWP they have sent such letter to the recipient of qualifying benefit.That is my understanding (and my experience). Clients usually have to sign a confirmation that they are aware of, and agree to , the CA claim.
Have the DWP adhered to the correct procedure here?
There are three statements, one of which has to be signed and dated confirming that the carer is actually caring.
Pages 9 & 10 DS700. The cared for is not normally contacted by the DWP.
It’s the easiest thing in the world to get a claim up and running without the cared for knowing anything about it until much later.
“On the online claim form the person you are looking after no longer has to sign their consent. There is a disclaimer section where you declare that you have made/will make the person you are looking after aware of the potential consequences to their benefits (see the section ‘the benefits of the person you are looking after’). A notification will be sent to the person you are looking after informing them that a Carer’s Allowance claim has been made and the impact this may have on their benefits.”
taken from https://www.carersuk.org/images/Factsheets/Carers_Allowance_April_2019.pdf page 19
On the paper form (DS700) the signature can be faked :(