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TOPIC: Carers Allowance some advice please

Carers Allowance some advice please 7 years 7 months ago #79352

Hi to all

I have a problem that I would like some advice on, if anyone has been through a similar experience. I am disabled and have been claiming incapacity benefit/income support & disability living allowance (at the higher rate for mobility and care). My claim commenced in 1997 for IB/IS and 2000 for DLA. My wife gets carers allowance for caring for me since 2005.

In 2005 my wife commenced a part-time job working 16 hours a week, whilst receiving carers allowance. This employment lasted until 2009, since then she has not worked. her wages for this period, did not exceed the maximum threshold allowed per week, so she did not inform the DWP that she was working part time.

Today we were contacted by a customer compliance officer from the DWP, as they had received an allegation that my wife had been working but had not declared it. They had details (printout) from her ex employer about the money she earned during that period and they showed them to us. Despite the fact that they showed her earnings were below the maximum threshold allowed, which in theory would not affect her carers allowance entitlement, we are being advised that our inability not to inform them constitutes fraud, and is very serious.

Is this correct, as I understand it is fraud can only be applied when your actions enable you to obtain monies/payments that you are not entitled to, as her weekly earnings came well below the amount allowed how can this be considered fraudulent. Any thoughts/suggestions or advice greatly appreciated

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Re:Carers Allowance some advice please 7 years 7 months ago #79354

Richard

Welcome to the forum, your full name is showing, you might want to change it. See

My full name is showing, how can I stop it?

With regard to your question. You need to seek immediate face to face advice with a suitable advisor. See

Where to get advice?

Whether this matter should be counted as fraud, we cannot comment on, however, your wife had a duty to inform the DWP of her earnings, which from your post she did not do. Ultimately, only the DWP can decide her earnings were less than the allowed amount, that decision does not lie with the claimant.

Good luck

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Carers Allowance some advice please 7 years 7 months ago #79357

Hi Gordon

Thanks for the reply and advice. From everywhere that I have read, I note that you can claim carers allowance whilst also undertaking no more than 16 hours of work, and earning up to £100.00 a week, over this amount you lose carers allowance.

My wife's earnings were no where near this amount. So we assumed there was no need to declare it

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Re:Carers Allowance some advice please 7 years 7 months ago #79358

The earnings limit was £79 pre 04/05 and £82 post 04/05, I'm not aware of any maximum hours, only that you must be able to discharge the 35 hours required to be a Carer.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Carers Allowance some advice please 7 years 7 months ago #79359

Thanks Gordon for the info, her weekly earnings never exceeded the pre and post amounts you state, and the total hours she worked a week never exceeded 16, approx 3hours per day. Meanwhile my the care she afforded me was approx 7-8 hours a day.

I shall follow your good advice and speak with an advisor. But apart from not informing the DWP I cannot see how they can say we were being fraudulent.

Thanks again.

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Re:Carers Allowance some advice please 7 years 7 months ago #79363

Hi Gordon

Sorry to bother you again, but am really anxious at the moment, whilst I accept that the mistake we made was not to inform the DWP that my wife was working abeit part time. If her earnings fell within the amounts the DWP allowed and she also met the 35hours caring criteria, surely they cannot accuse us of fraud, can they?

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