Carers Allowance

[Jan123]

As far as I know her condition has been the same for over 10 years. Her mum qualified for a carer. Dad was too old to claim therefore she became her carer. She then claimed IS rather than JSA. I am puzzled why she did not claim ESA if she is\was as bad as she says. She was on low care DLA. She had to change to PIP. I am still concerned DWP will say she has made a fraudulent claim for carers. I cannot she how she cares for 35 hours. Plus her children had paid for taxis to and from school.

[Jan123]

Her condition has been the same for the last 10 years. She became her mums carer and she claimed IS. She was on DLA low care. She had to change to PIP. If she was as poorly as she states why did she not claim ESA? I do not think she has ever cared for 35 hours. She has children who were taken to and fro school via paid for transport. I think DWP will say she has made a fraudulent claim for CA. If Tribunal investigate this I am concerned they will not believe anything she says.

[Shoelover]

It will go back to DWP to look at. If they suspect her of fraud then it will go to a fraud investigator to investigate (known as a "not caring" allegation). If they purely decide to review the case then the benefit may just end.

From what you say, if I am honest with you, I suspect it will be the former and it will be a criminal investigation. However, if there is a fraud investigation then this only means they suspect that she "may" have committed a criminal act. Equally that investigation could find an overpayment which is not fraud but customer error instead.

Untill you know which line the DWP are going to take, it's impossible to advise her one way or another.

Sorry, not very positive I know..

Edited September 19, 2016 by Mr.P
I *think* "Bev edit" was a typo for "benefit"

[Jan123]

You have no idea how grateful I am for all your help. I was just about tearing my hair out!!!! What do you think the tribunal will do about DWP asking for them to look at her claim to CA? This is bugging me as it is her PIP tribunal which states she virtually is housebound due to mental health issues yet she is her mums carer. I'm confused as how to support her. Does she have to answer questions about her CA claim? Could she say she believed care was a mixture of telephone calls,meeting her mum etc. Would this maybe then become a case of not being aware of her care role?

[Shoelover]

The DWP will make enquires into the CA.

She doesn't have to answer any questions about her CA but then they will make a decision based on the information available,

If she is invited to an IUC then it would be best if she arranged legal rep.

Although I am not judging her, it certainly does sound as if she has some questions to answer in relation to her CA.

[Jan123]

I went to her tribunal and it was adjourned due to the carer's allowance contradiction her own high needs. It is to be rescheduled for a 2 session hearing. What is a 2 session hearing does it mean a morning and afternoon? or maybe 2 slots? Any advice appreciated.