Recovery of overpayment from Power of attorney

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    we have a claimant who is 83 years of age.

    she had a claim for both CTB/HB from the 25/1/99 to 04/03/2002 based on her actual income. State Pension 2 bank accounts under limit for tariff income.

    Onto Income Support 05/03/02 to 04/10/03

    Onto Guaranteed Credit from 05/10/03.

    Her son was her official appointee and had power of attorney so he provided all the information with regards to her claim. He recently contacted us to state that his mother had an undeclared bank account with just under £12,000. This account was in his name but belonged to his mother. We input the savings for the period not on Income Support/Guaranteed Credit and created an overpayment.

    Since then the claimants daughter has contacted us to state that her brother has stolen large amounts of money from the claimant over a number of years. She is now the official appointee and has taken legal advice with regards to the stolen money. Based on evidence provided the claimant had over the £16,000 limit throughout the period of the claim. The DWP have been informed and are looking at her claim.

    The problem is who do we recover the overpayment from as the claimant had no idea how much money she had and was unaware of the situation with her claim for benefit. The overpayment created thus far has been paid by her daughter, we could wait for the DWP decision and then make a judgement on that basis. as there is no ongoing overpayment at the moment, any thoughts would be appreciated.



    i think it is recoverable from the appointee (see R (IS) 5/03

    hoep this helps


    If the £12k was in an account which did not have the mother’s name on it, can you treat her as being in possession of undeclared capital? Did she actually have ownership of that money?

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