benefit fraud?

Hi, my name is Diane and i am just wondering if you could give me some advice, my husband whose name is Simon has had epilepsy (complex partial seizures) for 22 years caused by an accident at work. He has not had much luck with his drugs and due to this he is on the waiting list for surgery at Kings college hospital in London. A few years ago Simon tried to take his own life as depression got the better of him, luckily i realised and he was taken to hospital. Our doctor and the seizure nurse suggested that Simon should find a hobby. Simon started to help out at the local junior football club and after a few years he decided to go for refereeing knowing that if he had a seizure he wouldn’t cause any harm to himself or anybody else, unfortunately Simon claims the lower rate mobility and the DLA took a video of Simon refereeing a match, we go to court in January after they claim we commited fraud. Please if you know of any help to assist us it would be most appreciated. We do have a Solictor but they only understand so much about epilepsy so we are trying to find information ourselves so we can assist him.
yours from a concerned wife
Diane

Mod edit: moved to questions forum. Please do not mention the names of doctors.

Hi Diane

DLA don't seem to like claimants playing football but the important question is, is it incompatible with his disability?

It might be a good idea if you look at the DLA guides in the members' area, in conjunction with Simon's medical report, and consider whether or not refereeing a football match is compatible with his claimed disability. As your Solicitor is unlikely to be knowledgeable on benefits it may help if you draw his attention to this.

Best of luck

Derek

rembrandt wrote:

Hi, my name is Diane and i am just wondering if you could give me some advice, my husband whose name is Simon has had epilepsy (complex partial seizures) for 22 years caused by an accident at work. He has not had much luck with his drugs and due to this he is on the waiting list for surgery at Kings college hospital in London. A few years ago Simon tried to take his own life as depression got the better of him, luckily i realised and he was taken to hospital. Our doctor and the seizure nurse suggested that Simon should find a hobby. Simon started to help out at the local junior football club and after a few years he decided to go for refereeing knowing that if he had a seizure he wouldn’t cause any harm to himself or anybody else, unfortunately Simon claims the lower rate mobility and the DLA took a video of Simon refereeing a match, we go to court in January after they claim we commited fraud. Please if you know of any help to assist us it would be most appreciated. We do have a Solictor but they only understand so much about epilepsy so we are trying to find information ourselves so we can assist him.
yours from a concerned wife
Diane

Mod edit: moved to questions forum. Please do not mention the names of doctors.

Any allegations of fraud made against a claimant need the involvement of a solicitor. As you/your husband have enlisted the help of a solicitor, he should be able to advise you and your husband what to expect in advance of the court hearing.

As suspected fraud cases can be very complex and subject to factual/legal argument, regrettably it is beyond the remit of this forum, not only because we do not know the full facts and circumstances of your husband's case, but also because none of us are legally qualified to respond to your enquiry.

rembrandt wrote:

Hi, my name is Diane and i am just wondering if you could give me some advice, my husband whose name is Simon has had epilepsy (complex partial seizures) for 22 years caused by an accident at work. He has not had much luck with his drugs and due to this he is on the waiting list for surgery at Kings college hospital in London. A few years ago Simon tried to take his own life as depression got the better of him, luckily i realised and he was taken to hospital. Our doctor and the seizure nurse suggested that Simon should find a hobby. Simon started to help out at the local junior football club and after a few years he decided to go for refereeing knowing that if he had a seizure he wouldn’t cause any harm to himself or anybody else, unfortunately Simon claims the lower rate mobility and the DLA took a video of Simon refereeing a match, we go to court in January after they claim we commited fraud. Please if you know of any help to assist us it would be most appreciated. We do have a Solictor but they only understand so much about epilepsy so we are trying to find information ourselves so we can assist him.
yours from a concerned wife
Diane

Mod edit: moved to questions forum. Please do not mention the names of doctors.

THE DLA people have a long track record of doing people who ref at matches.... do you live in Wales ?

The experts against them in this type of case are

www.hylton-potts.com/home/benefit-fraud-enquiries/

Hi Diane

Has your husband had an 'interview under' caution as this is a prerequisite to a prosecution for alleged fraud. See Interview under caution

If your husband had been in receipt of DLA HRM, which is paid to those unable or virtually unable to walk, then I think withdrawal of HRM component would have been appropriate if a claimant is able to referee a football match, they cannot be virtually unable to walk.

However, DLA LRM is paid mainly to those with sensory problems or to those with mental health problems who cannot walk in unfamiliar places without guidance or supervision, so refereeing a football match is not in my opinion a 'prima facie' case to remove his LRM

Hopefully, your solicitor is aware of the legislation on DLA, if not give them these references :


Social Security Contributions and Benefits Act 1992 Part III, section 73

and The Social Security (Disability Living Allowance) Regulations 1991 Part IV.

Good luck.

Pat

pata1 wrote:

Hi Diane

Has your husband had an 'interview under' caution as this is a prerequisite to a prosecution for alleged fraud. See Interview under caution

If your husband had been in receipt of DLA HRM, which is paid to those unable or virtually unable to walk, then I think withdrawal of HRM component would have been appropriate if a claimant is able to referee a football match, they cannot be virtually unable to walk.

However, DLA LRM is paid mainly to those with sensory problems or to those with mental health problems who cannot walk in unfamiliar places without guidance or supervision, so refereeing a football match is not in my opinion a 'prima facie' case to remove his LRM

Hopefully, your solicitor is aware of the legislation on DLA, if not give them these references :


Social Security Contributions and Benefits Act 1992 Part III, section 73

and The Social Security (Disability Living Allowance) Regulations 1991 Part IV.

Good luck.

Pat

How did you come to the conculsion that you can ref a football match and get lower rate mobility ? I would love to know the thought process used ? I think I would be very worried if they start giving mobility to people regular .... to people who can run up and down a field for up to 2 hours .... when people not far off bed bound and unable to walk a few steps have trouble getting it


soldiers without legs are having trouble getting LRM