Universal credit appointee review issue

elle2

my son is 21. He has profound autism severe learning difficulties and now epilepsy. He lives in a small residential care home he cannot speak read alright and is approximately one year-old mentally I am his pointy and receive his universal credit into my bank account which was all set up accordingly however I’ve now been told I need to have a review and that they will probably want to see four months bank statements, but it’s not me that has the Universal Credit entitlement. It’s my son and he doesn’t have a bank account. How is this going to pan out having my financial details?

elle2

just to add, the UC is in my sons name but as they know he’s unable to manage his own funds it goes into my account for me to oversee and provide things for him. I’m not on any benefits myself and I can’t see why my personal finances are their business. Nothing has changed since his original claim. Appreciate all feedback

Kimi87

UC are undertaking millions of these checks, lots of us on here have been through one.

They need to make sure your son's payments are correct, which means looking at his finances.

In this case it means looking at your finances too as you share a bank account.

I know myself how intrusive these checks are, but if you don't provide the information they ask for you put his payments at risk of stopping.

As a long term solution, you could consider applying to the Court of Protection to manage his financial affairs more fully.

This would give you authority to open & operate a personal bank account for him and separate your finances.

https://www.scope.org.uk/advice-and-support/become-a-deputy

poppy123456

This is the problem when you're an appointee for someone and they do a review of the claim. They will want to see bank statements but I don't know how it would work because it's your bank account but you manage his benefits on his behalf.

I'm also my daughter's appointee and her money goes into my bank account but she has her own bank account and I transfer her money to her and I support her this way. Her bank are aware that I do this and they've been extremely helpful and very understanding.

She also claims UC but we haven't yet had this review. When they ask to see my statements they will be able to see that I transfer the money to her. I claim means tested benefits myself and have nothing to hide but that's not the point.

Are you able to open another bank account for his money to go into, rather than it go into your personal account? This would be better especially if another review like this happens.

There's been other members here that are appointees and have been through this review but they haven't returned with any feedback sadly.

elle2

I was unable to open an account in his name. Universal Credit were fine with me having the money put into my account on his behalf when the claim began they knew the situation. Fully. There is no point in him having his own account because he won’t be able to access the money himself. It will literally just sit there piling up being unspent. I was unable to open a joint account because he is unable to sign for one so as per usual there’s a catch 22 situation, must be around this if they want to see my bank account and the money going in it they can but I’m just gonna react every other transaction which is none of their business. I guess that’s the only way around it supposed to be getting a phone call Monday from his , work coach who in the past has been really helpful what’s not being helpful? Is that I’ve had to get in touch with you to inform them of my change of mobile phone number which again can’t be done over the phone so I’m waiting to talk to his work coach about that otherwise I might have been able to resolve this .

poppy123456

When I mentioned a different bank account, I meant in your name, not his.

elle2

going forward I may have to go thus - although the perhaps should’ve told me to do this at the time. They also told me it was up to me how I managed his money in his behalf, no recrois needed etc. I have no specific proof of all the extras I have bought him, aside from the money I give his care home monthly for activities snd takeaways. Feeling anxious about this especially as I’ve got to wait for Monday for a call,

Kimi87

If you became a Deputy for him through the courts, you could open and operate an account in his name with full legal authority.

The money would still be spent on his behalf by you, just from an account in his name and not yours.

I did try redacting a few of my statements, and this wasn't allowed, so it might not be for you.

elle2

that’s interesting, because I spoke to someone at UC yesterday that deals with reviews and he told me I could redact everything I didn’t want them to see so basically all they’re gonna see in that case is the universal credit going into the account and the amount that’s in there at the end of the statement, as usual, they say one thing and something ? I’m confused what they’re looking for on these statements. He lives in a care home. I’m not going to be spending £725 a month on excursions and pants. Are they trying to see that you spend every single penny or what? I’m baffled?

Kimi87

I believe they are mainly checking to make sure people don't have undeclared capital, over £6000 entitlement gets reduced and over £16000, entitlement stops.

Possibly looking for deliberate deprivation of capital too.

elle2

my son has no savings at all, but obviously I do and I have more than £16,000 I’m a homeowner but the benefit isn’t in my name. It’s in his name so my personal finances I don’t believe an issue in this case. But I appreciate your answer. I just feel like I wasn’t told to set it up any differently initially and now I feel stressed.

Kimi87

These checks only started in the last year or two, so I don't think the advice you received at the time was wrong, things have just changed since then.

poppy123456

The issue here is that you are his appointee and the money goes into your bank account. Is that capital yours or his from his benefits? If he's not spending the money then he must have capital? No, you don't have to spend every single penny because capital of less than £6,000 is ignored.

elle2

hi poppy, it’s my capital but not in that account. My capital is totally separate in long term savings.

Mother2001

Hi elle 2

Just wondered how your review went, I have just had a message from UC today saying they would like to review my 21 year old special needs child's account. His money goes into my account. Did you have to share everything with them or only your sons finances. Makes it so complicated!

Thank you

elle2

hi mother 2001,

in the first instance I suggest you get hold of his at the job plus local to you I conversation with them via the Universal Credit porthole. I also had several phone calls as I requested phone calls didn’t help that I had changed my mobile number so that was a bit of a fact about, in the end it all got sorted out and they didn’t request to see any of my accounts or my I had explained to them that my son is 100% non-verbal (they know all this because it’s on the file) And that he has the mental capacity of a therefore he is unable not least of, to operate his own bank account. are times that I have transferred money in and out of that account myself as prior to him getting Universal Credit it was one of my personal accounts. Ultimately they decided that it was in no one’s best interest to look further. All it takes is someone with common sense to talk to you hope that helps

elle2

apologies if that came across a bit mumbled, I tend to dictate my texts and we all know how well that often goes LOL

Mother2001

Hi elle2

I really appreciate you replying so quickly. I'm glad it all worked out for you. I'll message and see if I can speak to someone at local job centre, perhaps I can pop in with my son then they can see for themselves he's not going to be producing bank statements or explaining them!

Thanks again

anisty

I had to do this for my son recently.

But we were fine as i have a joint bank account with my son and that account is purely for his benefits and spends.

I was fortunate in having set up the account as soon as he turned 16 and before he'd had a capacity assessment!

Obviously you cannot do this type of account if your young person is profoundly disabled as they do need to sign their name.

There is the option of an appointee bank account now.

Or - as pointed out in an earlier post, apply to the Court of Protection England and Wales or the Sheriff court Scotland for financial powers.

It is much easier to keep it all clearly separate (in my opinion lol!)

Mother2001

Hi anisty,

Thank you so much, I'll definitely be looking into separating finances and court of protection.wish I'd thought to do before age 16!

anisty

https://pcls.org.uk/about/#

@Mother2001 if you open this link and find the podcasts in it - the first two are well worth your time.

Although it talks about guardianship which is Scotland, it also explains the problems you can run into by not having powers and also DWP appointee is explained.

Open link. Open menu. Select 'latest'

The podcasts are there.