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Reporting change of circumstances

KyampaKyampa Member Posts: 17 Connected
Hi friends, my youngest son has severe learning difficulties and been in receipt of DLA since he was little. Hes now 29. In 2012, he started living in a care home due to a lot of challenging difficulties. A month after he moved, I called DWP and informed them. I also wrote them a letter. However for all the following years nothing changed about his benefits. Until recently when his DLA was stopped. When i called them they asked if hes still at home and i told them he moved and gave them details. I also told them I had informed them but they said they have no record of that. Since then I haven't heard from them and am getting anxious. Any advice and information about what to do next? Thank you all

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited August 2020
    Moving house wouldn't affect any DLA claim and his claim shouldn't have stopped because of that. A simple change of address is all that's needed.

    However, living in a care home can affect the care part of DLA but it will depend what sort of care home and the funding. What DLA award did he have? This link may help https://www.turn2us.org.uk/Benefit-guides/Care-homes-and-benefits/Benefits-that-can-be-paid-if-you-live-in-a-care-ho

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KyampaKyampa Member Posts: 17 Connected
    He was getting care component middle and mobility component lower. Both have been stopped. Am worried they may insist that they didn't receive a notification. Thanks again
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The mobility part shouldn't be affected. The care part can be it's difficult to advise with no information given other than it's a care home. Do you have proof that you did contact them?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KyampaKyampa Member Posts: 17 Connected
    Its a care home which is partly funded by Local authority and NHS. Then he tops up from his benefits for his care. I do not have the specific date that i made the phone call but I do have a copy of the letter that I sent them informing them. Please feel free to ask me anything as am longing for advice and views. Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As he's partly funded by his local authority then yes it can affect DLA care part. You can request all the information held about him by using this link here. https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

    Once you receive all the information then you'll be able to look through it to see if there's anything that shows you did report the changes. If it's their error then any overpayment won't be recoverable.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KyampaKyampa Member Posts: 17 Connected
    Many, many Thanks Poppy123456. This is very helpful. I shall definitely request the information. Just out of curiosity, what happens if they say they have nothing on record to show that i informed then? For example they have already said they have no record of the telephone call that I made.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Then an overpayment maybe possible but i can't say for sure because i can't see any paper work or know anything about his circumstances and the care home he's living. Some advice from an agency is also advised here, if you can get some help. Use this link to see what's local to you. https://advicelocal.uk/

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ross_ScopeRoss_Scope Posts: 3,136

    Scope community team

    Hello @Kyampa

    I hope the advice provided above has been helpful, if there's anything further we can help you with please don't hesitate to ask.

    Ross
    Online Community Coordinator 
    Online Community Coordinator

    Find out more about, and apply for, the Community Co-production Group.

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  • KyampaKyampa Member Posts: 17 Connected
    This has been great help. Thank you very much.
  • janer1967janer1967 Member Posts: 9,127 Disability Gamechanger
    Hi @Kyampa Welcome to the community glad you have joined us and that Poppy has helped you with your query. It must be a worrying time for you and I hope you get it sorted
  • KyampaKyampa Member Posts: 17 Connected
    Hello janer1967, thank you so much for having me and supporting me. The support has been amazing. I hope it gets sorted to because am very worried about whats gonna happen. I probably will give them a call sometime next week.
  • janer1967janer1967 Member Posts: 9,127 Disability Gamechanger
    Keep us updated on progress and take care 
  • KyampaKyampa Member Posts: 17 Connected
    Will do. Thanks and u too.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're very welcome. I hope you'll be able to get it sorted soon.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 5,941 Disability Gamechanger
    The likely outcome here is that there will be an allegedly recoverable overpayment decision unless they miraculously find your letter etc. However, fascinating as it can be to see your own records I would query the need. 

    The onus here is on DWP to prove that there was a failure to disclose. The onus is not on you to prove there wasn’t. You have a copy of your letter and if you can piece together roughly when you made the call; from where; to where; whether you spoke to a male or female; what was said then you have more than enough for the time being. Sit back and let DWP do whatever they do. Right now you need do nothing.
  • KyampaKyampa Member Posts: 17 Connected
    Hello Mikehughescq, thank you very, very much for this great information. Absolutely reassuring. I greatly appreciate. I am so happy I joined the forum/group. I definitely still have the copy of the letter and have an idea of the details of the telephone conversation. Been just soo worried that they may accuse me of fraud. Please keep me informed of any similar situations and outcomes that u may know. Thanks again
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