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severe disability premium
- pack37
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9 years 3 weeks ago - 9 years 2 weeks ago #133769 by pack37
severe disability premium was created by pack37
I am in receipt of ESA Support Group and DLA high care and low mobility. About a year ago my adult son came to live with me and claimed ESA (contribution based) himself shortly after. I told DWP about it via the CAB and assumed I would lose my Severe Disability Premium. This didn't happen and I assumed it was because my son was claiming. I trusted that everything was ok.
Now he has moved out and I have reported that too (by phone). A change of circumstances form has come and I have filled it in. But I am worried that I have been overpaid. I didn't receive anything in writing last year along the lines of 'you have reported a change in circumstances but your allowance will remain the same'. I have got no proof of the CAB phone call and I didn't follow it up with a letter. They didn't send me a change of circumstances form. Because my son was claiming from the same address as me I assumed they must know about him being there. A lot of assumptions I know!
Am I worrying about nothing?
Now he has moved out and I have reported that too (by phone). A change of circumstances form has come and I have filled it in. But I am worried that I have been overpaid. I didn't receive anything in writing last year along the lines of 'you have reported a change in circumstances but your allowance will remain the same'. I have got no proof of the CAB phone call and I didn't follow it up with a letter. They didn't send me a change of circumstances form. Because my son was claiming from the same address as me I assumed they must know about him being there. A lot of assumptions I know!
Am I worrying about nothing?
Last edit: 9 years 2 weeks ago by . Reason: tick.
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- Gordon
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9 years 2 weeks ago #133815 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic severe disability premium
Pack
Unless your son was in receipt of DLA Care at the Medium Rate or he has a PIP Daily Living award or he is blind then I would not have expected him to have been discounted as living with you in regard to the Severe Disability Premium. This being the case then you would not have been entitled to the Severe Disability Premium during the time that he lived with you.
Do you have the date and time that the CAB made the original call to the DWP, if you do then you can issue a Subject Access Request for the recording of the call. The CAB keep records of their meetings so they may be able to help you narrow down the timeframe involved. See
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
If the DWP follow up your latest call then it is likely that they will decide that there has been an over payment unless you can show that you originally contacted them about your son moving in, they will expect you to re-pay this.
Gordon
Unless your son was in receipt of DLA Care at the Medium Rate or he has a PIP Daily Living award or he is blind then I would not have expected him to have been discounted as living with you in regard to the Severe Disability Premium. This being the case then you would not have been entitled to the Severe Disability Premium during the time that he lived with you.
Do you have the date and time that the CAB made the original call to the DWP, if you do then you can issue a Subject Access Request for the recording of the call. The CAB keep records of their meetings so they may be able to help you narrow down the timeframe involved. See
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
If the DWP follow up your latest call then it is likely that they will decide that there has been an over payment unless you can show that you originally contacted them about your son moving in, they will expect you to re-pay this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pack37
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9 years 2 weeks ago #133837 by pack37
Replied by pack37 on topic severe disability premium
I have just phoned the DWP because I was worried. They are going to contact me. I phoned the CAB too. I did tell the DWP at the time that he had moved in, or rather the CAB did, while I was there. However I was then sent a form which I have just found so obviously didn't fill in. God knows why! I was extremely stressed last year. I realise I will have to pay back the overpayment. How do they arrange that - do they refuce your benefit until it is all paid? The lady at the DWP said that there was an element of it being their fault because they didn't chase up the form so I don't know if that will help at all. I can't be accusef of fraud can I, when I told them?
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- Gordon
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9 years 2 weeks ago #133852 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic severe disability premium
Pack
There are no certainties but the fact that they sent you a form suggests that it was done in acknowledgement of the original phone call, I would have expected them to have suspended payments immediately to prevent a potential over payment. so you can certainly argue that it their fault that the matter was not resolved, they are not usually so reticent to stop payments at any opportunity presented.
Any Decision to reclaim the money is appealable, but you would need to have proof of the original phone call to have any likelihood of success. Any recovery will be done as a deduction from your current benefits
Providing you can show that you notified them when your son moved in then there should be no question of fraud, even if you cannot then the fact that you notified them that your son had left should show no intent, however, it would be worth your contacting the CAB again for support.
Gordon
There are no certainties but the fact that they sent you a form suggests that it was done in acknowledgement of the original phone call, I would have expected them to have suspended payments immediately to prevent a potential over payment. so you can certainly argue that it their fault that the matter was not resolved, they are not usually so reticent to stop payments at any opportunity presented.
Any Decision to reclaim the money is appealable, but you would need to have proof of the original phone call to have any likelihood of success. Any recovery will be done as a deduction from your current benefits
Providing you can show that you notified them when your son moved in then there should be no question of fraud, even if you cannot then the fact that you notified them that your son had left should show no intent, however, it would be worth your contacting the CAB again for support.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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