Financial abuse and joint ESA claim

Soapkate

Hello all,  just wondering if anyone can advise on this.

I have a situation regarding a couple claim for i-r ESA,  whereby a couple have split up and one member of the couple (my client) is now getting support from Women's Aid for chronic domestic abuse.    My (female) client is the victim and her ( male ) ex partner is the alleged perpetrator.  He claimed i-r ESA several years ago and she was added on to the claim.  At some point during the claim a backpayment of £20K in ESA was paid  into his account  .  He withheld her share of this , as part of chronic financial abuse whereby all household finances were controlled by him.   

Now having split from him and getting support, she has asked me if there is anything can be done to recover her share of the £20K.    (She has since claimed UC,  while the ESA has likely converted to a single claim for him) .  

She has no contact with her ex-partner and he is non-cooperative.  

My understanding is that the DWP do not have to do anything for her in this regard   -   it is only the police, or a solicitor,  who could assist to attempt to recover the money for her,  possibly through the courts (simple procedure) ?    My reasoning being that as far as DWP are concerned the money was paid accordingly into the nominated bank account.

I believe the only obligation DWP has here,  is that they could be tasked by police with providing evidence of which account the £20K was paid to, which might help with a court case,  and in fact also my client has the right to ask for this evidence herself as she was a customer of the DWP as one member of this couple claim?

Also just to check -  this can't be considered benefit fraud (on the part of the ex-partner)?

thanks in advance for any input ! 

Soapkate

bg844

My understanding is that the DWP do not have to do anything for her in this regard   -   it is only the police, or a solicitor,  who could assist to attempt to recover the money for her,  possibly through the courts (simple procedure) ?    My reasoning being that as far as DWP are concerned the money was paid accordingly into the nominated bank account.

I would say that's correct, DWP have made that payment as instructed and as in other cases, it would be time for legal action. Has she had any assistance from a solicitor so far?

I believe the only obligation DWP has here,  is that they could be tasked by police with providing evidence of which account the £20K was paid to, which might help with a court case,  and in fact also my client has the right to ask for this evidence herself as she was a customer of the DWP as one member of this couple claim?

I suspect she will need to complete a right of access request from DWP, this may show said payment which would be great evidence:
https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

Also just to check -  this can't be considered benefit fraud (on the part of the ex-partner)?

Correct and unfortunate, as they had a joint claim and all circumstances were correct then this wouldn't apply. It would be legal action that would need to be taken for this lady.

Soapkate

Thank you    the subject access request link for DWP is very helpful.   The client is being supported by Women's Aid and there may be a police inquiry as well and if necessary she will apply for legal aid.

It does seem open to abuse to have payments for joint ESA claims  only payable to one nominated bank account....