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When a claimant has been sectioned under the mental health act
- helendunn1960
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2 years 8 months ago #270014 by helendunn1960
When a claimant has been sectioned under the mental health act was created by helendunn1960
This is my first visit to the forum so forgive me if I get anything wrong. For years I helped to care for a neighbour who had complex health needs - a sever head injury/paranoid schizophrenia and Parkinson,s disease. When his Mum died 18months ago his mental health began to deteriorate and to cut a long story short he had to be sectioned under the mental health act last October. He has been under an order ever since. The complications arise because as he is under a section he cannot give anybody power of attorney and yet there are numerous issues that need sorting out with his bills, his benefits etc.
One major issue is this - in 2014 it came to light that he had over the limit in savings for his ESA. Neither he nor his Mum had a clue about this limit and immediately offered to pay back the over payment. This did not satisfy the DSS and his Mum asked the carers centre for help and the DSS agreed a repayment plan. As far as we all knew the debt had been repaid and this matter was closed. Now they have written to say that he still owes them nearly £2000 and they are increasing the amount they deduct from his ESA.
No one will talk to myself or his sister as nobody has power of attorney and he is in no fit state to talk to the DSS himself. His sister has just about managed to pay his bills as he will hopefully be well enough to return home one day, and obviously bills have to be paid but a further cut in his money will make this impossible.
What can we do, say or write to the DSS to make them see just how complex this situation is? We have tried to find any relevant paper work but it was back in 2014 and I don't think he has kept anything.
Any advice will be welcome. Normal benefits claims I can help him with but this is beyond me. The DSS seem to be taking pleasure in being nasty with us.
Thanking you in advance, Helen Dunn
One major issue is this - in 2014 it came to light that he had over the limit in savings for his ESA. Neither he nor his Mum had a clue about this limit and immediately offered to pay back the over payment. This did not satisfy the DSS and his Mum asked the carers centre for help and the DSS agreed a repayment plan. As far as we all knew the debt had been repaid and this matter was closed. Now they have written to say that he still owes them nearly £2000 and they are increasing the amount they deduct from his ESA.
No one will talk to myself or his sister as nobody has power of attorney and he is in no fit state to talk to the DSS himself. His sister has just about managed to pay his bills as he will hopefully be well enough to return home one day, and obviously bills have to be paid but a further cut in his money will make this impossible.
What can we do, say or write to the DSS to make them see just how complex this situation is? We have tried to find any relevant paper work but it was back in 2014 and I don't think he has kept anything.
Any advice will be welcome. Normal benefits claims I can help him with but this is beyond me. The DSS seem to be taking pleasure in being nasty with us.
Thanking you in advance, Helen Dunn
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- BIS
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2 years 8 months ago #270045 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic When a claimant has been sectioned under the mental health act
Hi Helen
Welcome to the forum. This is obviously a challenging situation. Your question is outside the scope of the forum, but there might be a couple of things you could try (if you haven't already).
A person sectioned under the Mental Health Act is entitled to an advocate. If he is still in hospital - they will have advocacy services and the hospital should be able to put you in touch with them. You can explain the situation and the urgency and they could at least contact the DWP on his behalf and put things on hold.
Have you tried contacting his MP - The sister could write a letter and explain the situation. In some cases, MPs have been successful in getting debts written off. Need to explain how unfair it is when someone currently doesn't have the mental capacity to fight their case to have money deducted which could leave them in a perilous financial situation.
If the brother is not in hospital - and someone can be with him, you put in a call to the DWP and tell them you are speaking on his behalf - and they will ask to speak to him and ask if he gives permission. He only has to say YES! If you have the phone on loudspeaker - you can check that nothing else is asked - but I have done this myself for several people and frankly, I just nodded at them at the right time and they said yes. Obviously I know this may to be an option.
Sorry, I can't offer more.
BIS
Welcome to the forum. This is obviously a challenging situation. Your question is outside the scope of the forum, but there might be a couple of things you could try (if you haven't already).
A person sectioned under the Mental Health Act is entitled to an advocate. If he is still in hospital - they will have advocacy services and the hospital should be able to put you in touch with them. You can explain the situation and the urgency and they could at least contact the DWP on his behalf and put things on hold.
Have you tried contacting his MP - The sister could write a letter and explain the situation. In some cases, MPs have been successful in getting debts written off. Need to explain how unfair it is when someone currently doesn't have the mental capacity to fight their case to have money deducted which could leave them in a perilous financial situation.
If the brother is not in hospital - and someone can be with him, you put in a call to the DWP and tell them you are speaking on his behalf - and they will ask to speak to him and ask if he gives permission. He only has to say YES! If you have the phone on loudspeaker - you can check that nothing else is asked - but I have done this myself for several people and frankly, I just nodded at them at the right time and they said yes. Obviously I know this may to be an option.
Sorry, I can't offer more.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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