Hello - new member - DLA recalcitrance!!!

[oxenholme]

Hi,

I'm new here.

A neighbour of mine is getting some grief from the DWP regarding the claim for DLA made (following advice and all the requisite medical tests) for her (now estranged) husband.

I believe the claim to have been made in good faith and to have been in accordance with the rules at the time that it was made.

The couple are going through a particularly acrimonious divorce, and the husband is not wasting any opportunity to seek revenge on his wife. He instructed his solicitor to contact the DWP stating that he has no knowledge that he was ever eligible for DLA.

The DWP are now requesting repayment and instigating an investigation for fraud.

Have there been any changes over the years to the rules for eligibility for DLA?

I do not for a minute suspect fraud. I do wonder whether there might be or might have been a misinterpretation of the rules.

[Celestine]

Re: Hello - new member - DLA recalcitrance!!!

Hiya

Welcome to Legal Beagles

Surely if the DLA was for his medical condition, he would be the one accused of fraud? Or am I missing something?

[Caspar]

Re: Hello - new member - DLA recalcitrance!!!

It is possible with DLA to fill the form in on behalf of someone else, and there's a declaration to sign at the end of the form if you have done so - can't remember the exact details without going online and finding the form!

However, even if it was filled in on his behalf. if what oxenholme states is correct, there should be no difficulties whatsoever defending this case. The DWP are not known for giving DLA without pretty comprehensive checks. Surely they must have contacted the medics etc... Also from whom was the advice given?

Any ineligibility due to rules would have been pointed out at the time. Its always been a hard benefit to claim.

OP - has your neighbour kept a copy of the application form? For how long was it awarded? For what exactly was it awarded? At what rate for the two sections was it awarded?

If you can find out from your neighbour, then we'll have a clearer idea of how to move this forward.

[CleverClogs]

Re: Hello - new member - DLA recalcitrance!!!

Surely if the DLA was for his medical condition, he would be the one accused of fraud? Or am I missing something?

I was not hitherto aware that cephalo-proctal intromission was accepted for DLA but, if it is, by asking his solicitor to question his eligibility, he may have proved that he is eligible on the grounds of being a danger to himself.

[oxenholme]

Re: Hello - new member - DLA recalcitrance!!!

Disability Living Allowance – Sequence of Events

• 1997 Husband diagnosed with clinical depression and psychosis.
• 2002 Husband chastised the boys, overdosed and threatened himself with a loaded air rifle.
• 2002 Disability In Action suggested and assisted with the preparation of an application for DLA.
• 2002 Application made to DWP
• 2002 DWP assess Claim and award DLA
• 2002 At the time Husband was self-employed as a labourer – the work entailed driving and plumbing
• 2002 Husband overdosed and admitted to the ward Sept
• 2003 Husband admitted to the ward Jan. Escaped from ward and police search ensued.
• 2003 Husband clashed with neighbours and convicted of common assault Apr
• 2003 Husband overdosed again Jun
• 2005 Husband threatened wife and pushed wife into door frame – police made him live elsewhere until he calmed down May
• 2006 Husband begins new work at new employer as a delivery driver
• 2007 Husband admitted to the ward Feb through Apr
• 2008 Explosive anger problems and clashing with elder son
• 2009 Husband left Home
• 2009 Husband made irrational claims regarding younger son’s bedroom and used threatening behaviour.
• 2009 Husband alleged that the wife assaulted the elder son and had her arrested. Police did not follow up.
• 2009 Husband arrested for abusive behaviour towards the wife.
• 2009 Wife notified DWP that Husband had left home and that she was no longer aware as to his condition
• 2010 DWP alleged fraud regarding Husband’s Carer’s Allowance at which time new employer notified DWP that they were not aware of any disability. This was obviously not the case as the wife had notified them in 2007 when the husband was on the ward, and taken in all the sick notes during his absence from work.
• 2010 DWP ruled out fraud and closed the investigation into the Claim for Carer’s Allowance.
• 2011 Husband instructs his solicitor to notify DWP that he was unaware of the claim for DLA.
• 2011 DWP re-assess the DLA Claim and order it to be repaid.
• 2011 Written appeal submitted.
• 2011 DWP re-assess, but do not change their decision. They state that they have taken the aforementioned letter from new employer into consideration. They state that as he is able to work unsupervised as a driver he has no mobility problems.
• 2011 Husband submits a statement to the County Court that he has no recollection of the period from 2002 and that the DLA Claim must have been justified.

[oxenholme]

Re: Hello - new member - DLA recalcitrance!!!

I helped the neighbour ('the wife' in the post above) to compile some documents. The first person below refers to the wife, not me. I couldn't find an easy way of global editing...

Some points regarding the DWP and the DLA...

• They have assumed the letter from the new employer to be gospel.
• They have assumed that his behaviour at work is the same as his behaviour at home. That The husband would appear to be able to handle the environment at work does not mean he could handle the more complicated family environment at home.
• Work is just eight hours of the day. I had to contend with what happened during the other sixteen hours. This impacted my ability to work. It impacted also the quality of living for all of us in the family.
• The medical professionals that examined The husband were aware of the nature of his employment and were well aware that it entailed driving and using potentially dangerous tools. I had to assume that they were familiar with the assessment criteria used by the DWP.
• No relevant work related criteria were contained in the check list published by the DWP. I have not received notification from the DWP of any changes to the assessment criteria.
• The job at the new employer was not materially different using the criteria published in the check list.
• I was not present at The husband's place of employment so I could not see what was happening there.
• I was, however, present at home where I did not see any improvement in The husband's behaviour.
• The husband continued to give bizarre accounts of clashes with customers and work colleagues.
• The husband continued to be threatening and potentially violent to both me and the children.
• The Claim for DLA was in respect of the mental condition – NOT mobility.

[enaid]

Re: Hello - new member - DLA recalcitrance!!!

HI, am not sure if this info here will be any use to you but it is about DLA for people with mental health problems and as to how they are eligable for DLA for care and mobility components.

Disability Alliance Factsheet F2

[CleverClogs]

Re: Hello - new member - DLA recalcitrance!!!

One might wonder if "Lord" David Freud, who seems to think that there is no such thing as disability, might himself be eligible for DLA.

[SpringerSpaniel]

Re: Hello - new member - DLA recalcitrance!!!

From what you say, it sounds as if the award of DLA was entirely justified due to severe mental disturbance; and that the report from the new employers - who probably should not be employing him to drive - is inaccurate, unless his condition has improved greatly.

[BTW, I am not all sure that DVLC would approve of him driving given his health condition].

The decision of DWP can ultimately be challenged by way of Judicial Review. However, you should try challenging them in the Social Security Tribunal first. When you say that an Appeal was entered and that DWP then re-assessed but decided that the benefit should still be repaid, was this decision made after a Tribunal hearing, or is that still to come and the DWP have reviewed their own decision in the meantime ?

Do you have a Law Centre Law Centres, or any disability advice organisation locally that you can turn to for help with this ?

If the DLA is ot be repaid, surely it would be for the husband not the wife to repay it ?