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Divorce - Son living with ex-spouse but still in receipt of CA

Diablo
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Joined: 2 April 2020

Hi,  I have a service user who is now living with her parents.  Her disabled son continues to live with his father - separate from mum -  but my service user is still in receipt of CA - and has been since the relationship broke down and the couple divorced a couple of years ago.  Whilst I have advised my service user to report a “change of circumstance” to the DWP, will she be required to pay the “overpayment” back to a) the DWP or b) the father?

Any insight would be very much appreciated.

Elliot Kent
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The fact that there has been a relationship breakdown does not have any automatic consequences on CA entitlement. If your client is no longer spending 35 hours per week caring for the disabled person then there would be no further CA entitlement and, if that has been the case and has not been reported for the past two years, there will be a substantial overpayment which is probably going to be recoverable. The money would need to be repaid to the DWP.

Diablo
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Thank you so much Elliot.