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Original poster

PIP benefit fraud?

117 replies

mouse26 · 13/02/2018 21:17

Posting here for traffic.

Dss1 (20) is currently at college. He lives with paternal grandparents and has for the past 2-3 years. In that time he has held down a couple of part time jobs as well as attending his college course. He has a small amount of savings because GPs didn't charge board, covered all food/petrol costs etc. His girlfriend also lives there with him.

Unfortunately, FIL passed away recently and Mil is unable to continue to cover the full costs. Dss isnt working at the moment but is actively looking and applying for jobs daily.

He has attempted to apply for job seekers allowance but was told that his mother is claiming PIP/DLA for him and he needs her permission to apply for jsa.

He wasn't aware that she was getting this benefit, he certainly does not need it and, since he doesn't live with her, it is not supporting him. She will not cancel the claim or remove herself as his appointee so he can cancel it.

Does anybody know what he can do? I have advised him to visit Citizens advice and possibly look into getting some legal advice but he's worried he may get his mum into trouble Angry

OP posts:
NewYearNewMe18 · 13/02/2018 21:35

You don't get PIP without a face to face assessment

Yes you do if you have the supporting paperwork. I've written several claims for people and none of them have had to attend

Iluvthe80s · 13/02/2018 21:36

15 year old son currently gets DLA-we'll have to reapply for PIP when hs is over 16 and I believe this involves a phone conversation and lengthy form to complete. Usually DLA payments go to child from 16, unless parent has been appointed as child unable to manage by themselves. So this all seems strange, as it's a rigorous process to be awarded

Potentialmadcatlady · 13/02/2018 21:37

Lucky them Newyear... the system is appalling, especially for those changing from DLA to PIP at 16.

Viviennemary · 13/02/2018 21:38

He should report this to the DWP. He is not even living with his Mother. So why is she claiming PIP for him. It's fraud.

Queenoftheblitz · 13/02/2018 21:38

Smashedmug my friends sister received it without an asessment when she was dying of cancer and unable to fill forms etc but the award was based on the strong medical evidence from her doctor.
Are there any other situations you aware of that would not require a face to face?

gillybeanz · 13/02/2018 21:39

I don't understand why his father isn't sorting this?
However, well meaning you are, and you sound caring.
It has absolutely nothing to do with you and you should be asking your partner why on earth he doesn't support his son.

Potentialmadcatlady · 13/02/2018 21:39

Iluvthe80s- it also involves a home visit (very hard to get) or an interview at a centre- if you do not attend your claim is automatically refused.

Original poster
mouse26 · 13/02/2018 21:39

He has promised he will go to CAB tomorrow and I will suggest he contacts dwp too.

Thanks for the advice

OP posts:
EggysMom · 13/02/2018 21:41

He needs to speak to the PIP part of the DWP rather than the JSA part. He needs to tell them that he's just learnt that his mother is claiming on his behalf, that he wasn't aware of it, that it's possibly fraud (depends on whether she's exaggerated his claim) and that it needs to be suspended pending an investigation.

SmashedMug · 13/02/2018 21:42

Queen, like I said in my post it depends on the evidence provided. If you mean situations other than someone dying of cancer, yes, there are other situations where you can qualify for PIP without a face to face assessment depending on the evidence provided.

NeedsAsockamnesty · 13/02/2018 21:43

would get ring to ring DWP and ask if she has this, explain he dosnt know how his mother is getting it. That he no longer lives there or gets the money. If it is fraud and sounds like it given he had no clue why. Then he could be done for benefit fraud if it’s in his name. They should investigate and ask him to send proof of ID etc to his new address

No he can’t, if she’s acting as his appointee it’s totally on her shoulders

sobeyondthehills · 13/02/2018 21:43

I am not exactly sure how it would work for someone under 18, but I was only given PIP for 3 years and then had to be reassessed, if he was not given it for life, then he should be up for an assessment very soon.

Or already has been and she has done it on his behalf.

Assuming the rules are the same

Original poster
mouse26 · 13/02/2018 21:43

Gillybeanz* his father is trying to sort it with him, I'm just trying to get advice to help

OP posts:
Iluvthe80s · 13/02/2018 21:44

Potentialmadcatlady Thank you for the info. Oh cripes! I'll have to prepare our DS for that then. He'll hate it. A few months to ready ourselves.

Lilymossflower · 13/02/2018 21:46

I reckon he should be able to cancel it himself.

Even if his mum is the appointee. I know someone whose parents were the appointee but it was in the child's name , ( over 16) so the child could call up and make changes to the account themselves.

If the apointee is holding the money for themeselves, and not using it for the child who it's in the name of, that's illegal.

NeedsAsockamnesty · 13/02/2018 21:47

It’s worth knowing you do not have to be resident with someone to be their appointee or claim benefits on their behalf.
You just have to use it for their interests.

Given that the op appears to have little to no willingness to disclose any information relating to a disability it’s also likely she has no idea as to how the money is used and it could well be being used to fund his residence with his grandparents

neongreen · 13/02/2018 21:49

My DS 19 gets PIP and I'm his appointee. He has never needed a face to face as I sent strong medical evidence (200+ pages of reports) to back up his application and they based the decision on that. I became his appointee when he turned 16, but he couldn't be at home when the DWP lady visited our house as he was at school Mon-Fri, and they said they didn't need to see him as I showed them his EHCP which named a special school.

If an adult becomes an appointee then they become responsible for all the person's benefits, so I guess that's why OP's DSS wouldn't be able to claim JSA except through his mother.

DS is not really aware that I claim PIP for him, well perhaps in a vague sense of me receiving money for his needs, but he doesn't know the name of the benefit and wouldn't understand. So it's not unheard of that the person receiving PIP wouldn't know that it was being claimed for him. Legally, you don't need to live with your appointee - DS may go into supported accommodation in future and I will still be his appointee as he wouldn't be able to cope with contacting the DWP. But the money does need to be spent on the disabled person's behalf.

Lookatyourwatchnow · 13/02/2018 21:49

@FannyWisdom get your beak out then.

Why would she? It's her stepson, you knob

Potentialmadcatlady · 13/02/2018 21:50

Iluvthe80s..it is an awful thing to go through. I know several people who havnt continued with their child’s claims because their children won’t cooperate. I’m in the middle of it right now and my child is not coping. I would stop the claim if there was any way I could do without the money for him. He has several serious medical problems that are life limiting- he does not know that but it will have to be explained to him before the interview because he has to be there. The whole thing is v difficult- I’m
Not saying this to scare you but to give you time to prepare- they literally sent his forms the week he turned 16.

NorbertTheDragon · 13/02/2018 21:51

I'm going through the change from DLA to PIP with my DS at the moment. I will have to be his appointee as he's not capable of looking after his affairs himself.

To do this the DWP are coming to do a home visit. They either need to see DS, or his EHCP (what was a statement)

The best thing would probably be for him to call the DWP and explain things himself. I have no idea how easy it is to declare you don't need an appointee though.

His mum shouldn't be claiming the money if it's not used for him. Does she work? I'm wondering if she's claiming Carers Allowance too, and any other benefits that would come with looking after a disabled adult, which she's obviously not doing if she chucked him out years ago.

Original poster
mouse26 · 13/02/2018 21:52

To clarify, he has no disability. He had some behavioral issues as a child but these improved drastically as he's got older. There has never been any arrangement between the mother and GPs, this has come to light because FIL passed away and mil is worried that she cannot continue to support him financially

OP posts:
Tistheseason17 · 13/02/2018 21:55

TBH, I'd keep out of it as the step parent. You're not going to come out of this smelling of anything good whichever way you frame it as the wicked step mum!

DSS is 19, and adult, and old enough to fight the battle with help of his Dad if he wants it.

Onprozacandmyhighhorse · 13/02/2018 21:55

If his mum is his appointee she is acting for him not receiving benefit for him. When you become an appointee you sign a declaration to say the person is unable to act for himself and that you will act for him. Any benefits belong to the boy not his mother and should all be given to him.
The reason he has been told he can't claim JSA is because to receive JSA you have to sign on to say you are not working and entitled to benefit. A person with an appointee is unable to act for himself and wouldn't be able to sign on. They would normally claim ESA instead of JSA.
I would suggest your stepson writes to PIP and explains he is now able to act for himself and no longer needs an appointee but that his mum is refusing to hand over his benefit or contact PIP. What his mum is doing is actually abuse and will be taken very seriously by the DWP.

blueletter · 13/02/2018 21:59

She is committing fraud.

She cannot and should not be getting PIP for him if he doesn't live there. If DSS was entitled to PIP the only thing she could claim would be carers allowance but only if DSS signed forms to say she was his carer and he would get a reduction in PIP.

I suspect she is claiming his PIP and claiming to be his Carer in order to not work. That way she gets maximum benefits with minimal effort on her part and she could theoretically get other benefits like housing, council tax, income support, free prescriptions for doing sod all and committing fraud. no doubt she would've got child benefit for a short while too.

I would also make sure you go OP. you seem to be more switched on with this than your DP to make sure DSS doesnt get blamed for fraud if he has no knowledge his mother is claiming all this money. You need to protect DSS in this and your DP needs to deal with the Ex.

Iluvthe80s · 13/02/2018 22:01

Potential I hope you get the PiP approved for your son. Fingers crossed.

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