Income Support

I have a brother who has severe learning disabilities,he was under the care of Mencap 24hrs a day and they seen to all his financial needs as well.He had to be moved to a Bupa nursing home but this is where i have a problem.He was moved on 26-8-2008.No one from Mencap told the DWP that he was moving.I have just received a Court of Protection for me to look after all his affairs.I have just found out to my horror that nobody from Mencap has told the dwp that he has moved to a nursing home.I then had to contact the dwp and the income support have sent me a new claim form out,i am getting help off the Job centre plus to fill this in and i noticed at the back where you have to sign that it says it is an offence to notify them of a change of circumstances promptly my result in action being taken against you.I had no idea of this so when i send the form back i do not know what to expect,could anyone please advise

Hi Pete,

If, at the time of the change of circumstances you were not responsible for your brother's affairs then it wasn't your responsibility to inform the DWP.

If there has been an overpayment it is likely to be recovered over time from your brother's benefits. As his appointee, the DWP will have to inform you of what is going to happen and you will have appeal rights as your brother's appointee.

Now that you are his appointee it will be up to you to make sure they are kept informed if anything does change. As long as you do so promptly then I don't think you should be worried. The main concern of the DWP is appointee's who deliberately withold information for their own financial gain.

Good luck,

Steve