Hi, my name is Suzi9381! DWP is reducing my brother's benefits, any advice?

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Suzi9381

I hope someone can help me tackle to DWP on behalf of my brother.  

Years ago he was assessed and he was awarded ESA and PIP.  His council are quite helpful and said set up a bank account and money will be paid in.  All has worked fine for the past 20 plus years but DWP has said things are not good and they are reducing his benefits and taking money away from him.  The reason being is that temporarily when his PIP is paid this includes the money he has to give to his carer who is paid via a personal budget instead of directly by the council.  The council had said that this money is outside the scope of the assessment anyway as this element is not means tested. However the DWP have said that money will now be reduced as this money for the carer has been paid and my brother tips over the £6k threshold… Even though there is a clear trail of this money being paid to the carer.  It happens each month and despite numerous letters to explain they just ignore us and come back with the same stance.  This is causing a massive amount of stress for my brother…. I need to get some specialist representation I think but can anyone help with some advice? Xx 

poppy123456

To be clear, does he have to pay anything towards is care from his own money? Is it savings from his PIP that have gone over £6,000? 

Money that he receives from direct payments to help pay for his care is not means tested.

His PIP and ESA payments are treated as savings after the period they are paid for. This means that if money isn't spent during that period it then becomes savings. If that increases to over £6,000 then his Income Related ESA would reduce by £1/week for every £250 or part thereof over that amount.