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LCWRA ad Carers Allowance

Unionworkeruk

I have a niece who is unemployed receiving Universal Credit. She cares almost full time for a friend who receives Universal Credit and a LCWRA payment of £319 after three months. Although she care for him almost full time I understand she is not entitled to Carers Allowance and is expected to get a full time job which would leave him without care. This does not seem sensible. Is he expected to employ his own carer and if he employs my niece would she then lose her Universal Credit ?

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poppy123456

For her to be entitled to carers element then her friend would need to be claiming either PIP/ADP daily living or DLA mid/high rate care. If not has he looked at starting a claim for PIP, assuming he's not living in Scotland.

Yes, he can employ her and pay her but this will be treated as earnings and your niece would need to report the changes that she's working. Her UC will then be reduced by 55p for every £1 of earnings received each month.

Has her friend referred himself for a needs assessment from his local Authority? getting-a-needs-assessment

Unionworkeruk

Thanks your advice. Her friend has problems communicating but I finally found out his parents are still claiming the carers allowance and having his PIP paid into their bank account despite him not living with them for over 6 months. They were also taking his Universal credit and LCWRA until I got him to make a new claim from his new address but he never told me about the PIP or carers allowance

Now I know, I can help him get his PIP paid into his bank account and cancel the carers allowance to his parents and get it made out to my niece who actually does care for him. Not sure his parents will be cooperative in transfering his PIP to his account as they seemed to have treated him as some sort of cashcow rather than a son who needs care.

Hannah_Alumni

@Unionworkeruk Welcome to the community!

The GOV website has an information page on appointee's and also, what to do if you think an appointee isn't acting in the persons best interest.

poppy123456

As his PIP is being paid into the parents account then this suggests that one of them is his appointee. This will need to be cancelled before he can have the money paid into his bank and it's not an easy or straight forward process to cancel an appointee. He can contact PIP himself but whether they will speak to him is another matter.

You don't need to be living with someone to be caring for them but of course if they are no longer caring for him then they should have reported the changes to carers allowance. He can contact carers allowance and tell them that they are no longer caring for him, if this is the case. Your niece will not be able to claim carers element until the carers allowance has been stopped.

Unionworkeruk

Thanks His problem is that he has difficulty communicating and will only talk to those he can trust like his parents previously and and now my niece. He is also beginning to trust and talk to me but he will not talk to strangers, officials etc as he seems to have been treated badly in the past but I dont know the root of it. I think I will contact PIP after I find out if his parents are his appointees and see if his doctor can help get them removed as appointees and carers which is what he wants. He says he is much happier without them. They seemed to have kept him almost locked up at home with no social interaction until he met my niece who has introduced him to her family and friends and they now go out daily which he never did before.

Unionworkeruk

They have been to see his parents and they refuse to talk to them about any benefits they are claiming for him or to let them have any official correspondence relating to his benefits. Gracjan says they are claiming both Carers and PiP but we have no proof

On google I found

"If you've already registered, you can sign in to your PIP account."

but could not find any site where we can sign in or check if he is registered. Similarly we cannot check if carers allowance is being paid and, if so, who to. I am told his brother or mother is claiming that despite him not being with them for over six months. The mother even asked Gracjan for money when told he is getting Universal Credit.

All I can find is information on making a claim not for checking one ad who is receiving payment. The added problem is that Gracjan suffers from selective mutism and anxiety so will not talk over the phone or to anyone he does not feel close to.

I am sure there is some fraud taking place at his expense but we have no proof or contact site to check it out. Any advice on the next step ? Thanks

poppy123456

Unfortunately, you can't access a PIP award online. The only way to do this will be to ring them. However, if they are his appointee then they may not speak to him.

Unionworkeruk

So the only thing we can do is report them for fraud ?

bookrabbit

You might try telling them that you will if they don't give up the appointeeship themselves.

poppy123456

It's not benefit fraud for his PIP. It could potentially be fraud if they are not caring for him for at least 35 hours per week. Although there's never any checks in place to make sure you are caring for that amount of hours.

He can ring carers allowance to tell them that the parent is no longer caring for him.

For the appointee for PIP, the parent should be using this benefit in his best interests as that's part of what being an appointee is all about. He can try ringing PIP to tell them what's happened but it's never easy having an appointee removed and whether they will speak to him is a different matter as I advised.

Kimi87

You could contact local social services and raise a safeguarding concern, financial abuse of a vunerable adult.

Unionworkeruk

poppy123456 said:

It's not benefit fraud for his PIP. It could potentially be fraud if they are not caring for him for at least 35 hours per week. Although there's never any checks in place to make sure you are caring for that amount of hours.

He can ring carers allowance to tell them that the parent is no longer caring for him.

For the appointee for PIP, the parent should be using this benefit in his best interests as that's part of what being an appointee is all about. He can try ringing PIP to tell them what's happened but it's never easy having an appointee removed and whether they will speak to him is a different matter as I advised.

They are not caring for him at all as he has not lived with them for over 6 month so it does seem like fraud if we can prove thay are claiming it. Thats the problem. They will not discuss what they are claiming in his name. If we knew one way or the other it could be sorted out but as he will not talk we cannot get him to ring anyone to find out.