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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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My Father was receiving attendance allowance for my mother.

Customer Question

My Father was receiving attendance allowance for my mother. She passed away in 2004, but my father continued to receive attendance allowance because I was his only carer until he was admitted to hospital in 2011 and subsequently had to go into a home because I, his only daughter, had my hands full helping my husband to recover from major surgery and I did not feel able to take care of both of them. The decision to put my father in a home was based on medical advice, and at the time my father was 100 yrs old.I did not receive any of the allowance for taking care of him from 2004 until 2011 and wondered if there was any way I could claim what should have been mine? I have a daughter who lives in Germany, and is facing major surgery to her upper jaw(it is disintegrating) and the money would pay for the surgery. My father is nearly 102 now and has become a difficult, stubborn, vindictive man. He is in good health and of sound mind. I really hope that you can be of some help, thankyou, Christine
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
What benefits are you currently claiming?
Customer: replied 4 years ago.


I do not receive any benefits

Expert:  Jo C. replied 4 years ago.
So, in short, you want to know if you can back claim for carers' allowance?
Customer: replied 4 years ago.


yes I do. I realize that it will be my word against my fathers but am hoping that something positive can come out of this.

Expert:  Jo C. replied 4 years ago.
Who are you hoping to claim from? Your father or the DWP?
Customer: replied 4 years ago.


my father The dwp paid the allowance directly to him

Expert:  Jo C. replied 4 years ago.
Did you have any agreement with him that he would pay?
Customer: replied 4 years ago.


unfortunately, no. I expected him to honour his obligations to me for doing his cleaning and washing etc


 

Expert:  Jo C. replied 4 years ago.
But what were those obligations? Did you verbally agree anything?
Customer: replied 4 years ago.


I assumed that he would pay me the amount that the DWP sent to him regularly, and although I asked, he always evaded answering me directly and said it would all be mine one day anyway. The investments we made together in 2004 was all amicable and he led me to believe that it would be mine, and so, as there had been no hostility between us I believed him, so, yes, we only verbally agreed

Expert:  Jo C. replied 4 years ago.
I'm really sorry but you have no claim then.

There was just plain no agreement that can be enforced. You presumed that he would pay and clearly morally he should. However, he never said that he would and you did not agree that you would only provide him with assistance if he did pay.

I have just checked the rules upon attendance allowances and there is not even a requirement from the DWP that he spends the money paid to him. He does not have to spend it upon a carer or even to receive help. As long as he was honest and truthful with them about his circumstances the claim was properly paid and does not need to be passed onto to you to make the claim a good one in law.

You may have been eligible for carer's allowance during that period but you can only back claim for three months usually and clearly that would not assist here.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 4 years ago.

I would like to thank you for trying, maybe I could try and appeal to his better nature, but doubt if that will have any effect.


Thankyou again

Expert:  Jo C. replied 4 years ago.
It may not unfortunately.

I'm very sorry but thats your position.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.


no thankyou, you have done your best and I appreciate it

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.
Customer: replied 4 years ago.


thankyou

Expert:  Jo C. replied 4 years ago.
Best of luck.