Breaking point

NeuroEve

I am literally at breaking point. After finally getting ours sons SDP backdated we now have come across some information that has basically made the day come crumbling down around me. I am our son’s appointee, he has autism, learning disability and memory and cognitive impairment. He was getting DLA and then transferred to PIP at 16. His money continued to go into our account then we just transferred it into his own account. At age 20 he decided to apply for ESA after a benefit advisor had been to his college. However I think being his appointee ESA should have picked this up but the payments went directly into his own bank account. Fast forward to today and he lives on his own but needs a lot of support. I recently managed to persuade him to open a joint account in preparation for migration to UC. So today I discover that he has had a royalty payment go into his account from when he did music when he was younger as part of his course. It’s like getting blood from a stone. Obviously I will be reporting this to ESA on Monday and I have looked online and now have myself going to jail. I have cried since we got home and his reaction to me asking questions wasn’t good as he can’t cope. He ended up self harming, and smashed his kitchen up. He doesn’t understand that this isn’t allowed and obviously I don’t have access to his account. I am mortified and terrified that the trouble we are going to get into and I feel like I have completely failed him. I look after him and my daughter who both are autistic and have other health issues. I am in such turmoil and so scared of what might happen but I am an honest person.

Albus_Scope

Hey @NeuroEve I'm so sorry this has caused you so much pain, but please try not to panic too much. Yes, you are your sons appointee, but he can apply for other benefits without your say so. You're there to make sure the money is spent responsibly and any changes are reported once you know about them. As you were unaware, then I'd say it's not your fault. I'd suggest speaking to the DWP about this asap. I'm sure it wont end up with you in prison, that's not something the DWP like to do. It's more likely they'll arrange a payment plan so they can recoup the money from his current benefits.

I've popped you a quick email. Please be on the look out for it. 😊

NeuroEve

https://forum.scope.org.uk/discussion/comment/1026734#Comment_1026734

thank you, I contacted Citizens Advice and the lady said as he is in income related ESA support group that it would go down as earnings and he can earn £195 a week without it affecting his benefit. I understand he will have to do a permitted work form but not sure what the outcome will be. We are at our wits end with him as he wants to be independent but can’t even manage to budget the money and bills he has. He is so unwilling to let us help. I have removed his backdated Sdp payment that has come through into a separate savings account in my name so any amount can be paid back. Thanks again.