Should son's benefits affect my claim for benefits?

chrissiej244

My son has ASD amongst other things, and because of this cannot handle his own financial affairs.  I have a bank account, separate from my current account, in which his benefits are paid so that I can manage his affairs for him (I am his Appointee for benefits purposes).  However because of this, when I tried to claim for housing benefit, this account was used in the calculation for savings and I was awarded nothing. Is this right? I told the council this was a managed account for my son, but they ignored me. Although I have access to the account, it's not my money.  My son lives with me yes, but he is exempt from Council tax and is on enhanced PIP and in the support group for ESA.

BenefitsTrainingCo

chrissiej244,

If possible, I think you should seek advice about this locally from someone like a Citizens Advice Bureau. I think the decision is wrong, and if you haven't already, you should ask for a revision of the decision (as the local authority to look at it again). I think the money in the account you hold for your son's money is effectively held as an asset for him, as if you were a trustee. You are then using the capital for his benefit. 

I think you may need more advice to sort this problem out, but eventually, you should be treated as if you did not have access to this money. Other colleagues from the Benefits Training Company are solicitors and may be able to say more about this problem, but asking for a revision is a starting point anyway. If you have any way of proving it is your son's benefits which get paid into this account, and nothing else, that will help. 

Will

BenefitsTrainingCo

Hello chrissiej244

My understanding was that as an appointee benefits are paid to you.  This is also what the government website states, I have put the link below. It maybe worth printing off or referring the council to this page in any written revision request, to show that as an appointee you are paid your son's benefit entitlement directly, and this payment goes into a designated account. I am sure you have already sent proof but with any revision request it is worth also attaching proof that  you are your son's appointee. As for proving that the only money going into this account is for your son, firstly some benefit payments have a NINo on them which would show it is your son's payments, if not a letter from the DWP should suffice which states the bank and account holder, plus amount of benefit paid. I would also seek assistance from your local councillor and MP on this issue, to speed things up and to ensure that you are no longer ignored.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

Please keep us posted.

Maria