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Thread: Mother took DLA money

  1. #1

    Mother took DLA money

    Hello, just looking for some advice. Basically my time to apply for PIP has come around so I decided to check the date I went on to DLA for my records. I knew it was 2010 some time, but on the phone they told me I have been on DLA since 2001. It transpires my mother claimed for me as a child and then when I became an adult hoodwinked me into signing over apointeeship (told me it was so I didn't have to speak on the phone) when I was 16. My mother took 7 years worth of my adult DLA and didn't spend a penny of it on my needs. I was claiming incapacity benefit and paid for everything out of that, even board.

    In 2010 when I left home she told me she'd applied for DLA for me and I'd been accepted. I have never questioned the story as it seemed plausible and I had no idea about disability benefits. Now I know she just switched the money to my bank account.

    So now what do I do? Only my wife knows at the moment and we're at a loss. My own mother has basically used my fear of speaking on the phone as a kid to take thousands off me. Should she be reported for benefit fraud? I don't know the law here so was hoping someone else might help. Thanks.

  2. #2
    I think you need proper legal advice, and if you want any action against your mother expect that relationship not to survive..
    Citizens advice, and ask what free legal services are available.... do not depend on community advice no matter how well meaning where the matter could have legal implications.

  3. #3
    Completely agree with stree here

  4. #4
    Senior Member nukecad's Avatar
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    I'm sure we have heard this, or very similar, before?

    May take a while to find it again.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Thank you. I've now asked for a letter to be sent stating exactly what I've received and when throughout my life and when that arrives I'll book an appointment with Citizens Advice.

    Nukecad, I would be very interested to see the previous thread if you can find it.

  6. #6
    Senior Member nukecad's Avatar
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    Quote Originally Posted by qwerty View Post
    Nukecad, I would be very interested to see the previous thread if you can find it.
    Sorry can't find it again. (Yes I can - see the edit below).

    As others say you should get legal advice if you want to persue this.

    Be aware that if your mother was your appointee for your adult benefits then there is no benefit fraud here.
    As far as the DWP are concered they will have paid your benefits correctly to your appointee.
    So the DWP have done nothing wrong.

    Any dispute now is only between your mother and yourself about how the money was spent.
    Other charges may apply, but do you realy want to prosecute your mother?


    You can get an appointee removed if they are not acting correctly, but as you are now receiving your own benefits there is no need for this, because she is no longer your appointee.

    More about appointees: https://www.google.co.uk/url?sa=t&rc...ktKW3IFVY-Hqfb


    EDIT.
    I found it, it was hidden within a post in another thread.
    Very similar to your problem, but in this case the appointee was still in place and was removed when a complaint was made to the DWP.
    i had a family member appointed as a trustee. i was ripped off with money. i had a big row with the family member as i went without electric for a whole weekend because id said something that uspet him. i phoned job centre out of desperaton for money. Things moved very fast after that. The appointee was removed and i was asked did i want to press any charges or have an injuction. i said no. i wasnt given another appointee but i was sent a support worker who makes sure i open my mail every week, i pay essential bills and she takes me shopping. But i handle my own money now. sometimes i dont budget well but it only affects luxuries, not essentials.

    i found out my apointee had been taking a lot of my money. One example is that i have rent arrears and top up rent to pay. combined it comes to £38 week. My ex appointee told me it was £70 i had to pay. i lved in total poverty.

    ...........

    just to add my appointee was subject to a POVA investigation (protection of vulnerable adults) for A) leaving me with no electricity for 3 days when i asked him to get some, and B) the missing money. i didnt want him prosecuted but it was recorded on police file
    Last edited by nukecad; 02-27-2018 at 12:46 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #7
    I would have no problem reporting your mother for fraud, she deserves everything she gets.
    Call me Mike.

  8. #8
    Easy to say from the sidelines Gus, but it would not be you bearing legal costs for both parties in a failed prosecution would it?
    Rather than fraud, I see this as a case of breach of trust, and as said, the mother was the appointee so nothing illegal in getting the money, just morally and ethically dubious as to why she did not appropriate more as the intended beneficiary would have expected.
    I wonder if there are arbitration services for such cases?

  9. #9
    How on earth could querty be held liable for court costs if the prosecution was brought by the CPS ?
    This would not be a private prosecution, also it is easy for me to say what I said I would have no qualms at all reporting this matter to the Police.
    querty alleges has been robbed blind by his mother & would be a considerable amount of money which his mother had absolutely no entitlement to at all.
    Call me Mike.

  10. #10
    Quote Originally Posted by gus607 View Post
    How on earth could querty be held liable for court costs if the prosecution was brought by the CPS ?
    This would not be a private prosecution, also it is easy for me to say what I said I would have no qualms at all reporting this matter to the Police.
    querty alleges has been robbed blind by his mother & would be a considerable amount of money which his mother had absolutely no entitlement to at all.
    I bow to your superior knowledge of the workings of the law then...........and of course your intimate knowledge of the people and circumstances involved. You seem confident of an open and shut case..........far be it from me to shatter that illusion.....

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