Hi, my name is Scoop1976! Ex wife claiming CA for me even though I'm living on my own

Scoop1976

Hi everyone, Incoming newbie!

I'm after some advice about my ex wife claiming carers allowance for me, even though I'm living on my own. We divorced in 2016. I got sent a form to fill out saying that I could be eligible to severe disability premium(I'd never heard of this before). I completed the IS10 form and was eligible and awarded a back paymet to Jan 2020. I phoned them and asked why it wasn't backdated to Jan 2016? Only to be told that my ex wife had been claiming carers allowance for me up until Jan 2020. Please could anyone help me out on getting this backdated to 2016 and help me report her for fraud? Any information would be great. Many Thanks.

poppy123456

DWP are correct about not backdating your SDP to 2016 because part of the criteria is that no one is claiming Carers allowance for looking after you.

You can report fraud here by clicking on this link.https://www.gov.uk/report-benefit-fraud Please be aware that you will not know any possible outcome of this. 

Scoop1976

Hi Poppy, Thanks for your reply. I'm reporting it, thanks for the link.Does this mean that even if fraud has been commited I'm not entilted to a back payment to 2016?

poppy123456

Scoop1976 said:

Does this mean that even if fraud has been commited I'm not entilted to a back payment to 2016?

Unfortunately I’m afraid I’m unable to answer that question.

calcotti

Scoop1976 said:

Hi Poppy, Thanks for your reply. I'm reporting it, thanks for the link.Does this mean that even if fraud has been commited I'm not entilted to a back payment to 2016?

If DWP investigate and conclude that fraud was committed and this results in the Carer's Allowance that was paid being cancelled and becoming a debt owed by your ex then you could possibly get the SDP backdated. There is no possibility of getting backdating at the moment.

Scoop1976

Hi Biblioklept, Moved out Jan 2016. Been living alone since then. Only contact is via my now 19 year old son. I had a mobility car that she drove which was cancelled and returned in Jan 2016. I thought that was the end of it. I really don't want to contact her due to risk of losing my son again. Thanks for your reply, I hope someone can help as I really don't understand the benefits system.

Scoop1976

calcotti said:

Scoop1976 said:

Hi Poppy, Thanks for your reply. I'm reporting it, thanks for the link.Does this mean that even if fraud has been commited I'm not entilted to a back payment to 2016?

If DWP investigate and conclude that fraud was committed and this results in the Carer's Allowance that was paid being cancelled and becoming a debt owed by your ex then you could possibly get the SDP backdated. There is no possibility of getting backdating at the moment.

Thanks for your reply. I'm going to report it, as I hate people that abuse the system that was put in place to help those in genuine need.

Scoop1976

Biblioklept said:

if she definitely wasn't caring for you then it sounds like she committed fraud yeah I don't think you can do anything to get the sdp backdated unless her claim is found to be fraudulent. It's so sad she would take advantage of you financially like that  

I've been struggling for over 6 years now. As I said before, I never knew this benefit existed until they sent me the form. Some people are just out for whatever they can get hold of. Lesson learnt! Thanks for your advise, its really helped me. Take care.(by the way, thats a cool name)

Scoop1976

Username_removed said:

It can’t be assumed that fraud has taken place just because CA was paid to someone you no longer live with. The issue is the care given and not the location of the carer. 

@poppy123456 is correct in pointing out that the fact she received CA, rightly or wrongly, means that you cannot receive SDP for that period regardless. If care was given then the. CA award may well remain correct. 

I’d also be circumspect about reporting anything at this point. If her CA stopped in 2020 there must have been a specific reason for that. It’s unlikely that her change of address etc. won’t have been noted and very likely that any overpayment investigation will already be underway if not already completed.

I've had no help from her or anyone since I moved out, its been a real struggle and now a kick in the teeth after finding this out. Maybe they found out as she moved towards the end of 2019.How can they complete an investigation without asking for my evidence? Are these the sort of things they do? 

Scoop1976

"That overpayment may not even be recoverable as it may transpire that the carer made, and has clear records of, attempts to disclose the end of caring." Surely any attempt by her to cancel said carers allowance would have been recorded/logged? I've spoken to carers allowance today and they confirmed that she was still claiming carers allowance for me and they have passed on the information and dates that I gave them. Are the CAB able to give advice on this sort of thing?

calcotti

Scoop1976 said: Are the CAB able to give advice on this sort of thing?

There is nothing to advise on. You have reported a matter to DWP. They will need to investigate and make a determination on whether the CA was paid incorrectly.