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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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If my disabled lodger has asked me to be his carer and I have

Resolved Question:

If my disabled lodger has asked me to be his carer and I have provided that care over a year and over that year consistently asked him to pay me the Care component of his DLA, is he legally required to pay it?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

From what you say, it would appear that you have entered into an agreement with this person whereby they pay you an x amount of money in consideration of you caring for them.

Where they get the money from is their problem, not yours.

So, to answer your question, yes, he is obliged to pay you the money if you are still providing care to the person.

Hope this helps
Customer: replied 3 years ago.

Hi there, thanks.


Please can I clarify? Did he agree to pay the amount I asked by accepting the care or did he need to say he agreed to pay me that amount?


 

Expert:  UKSolicitorJA replied 3 years ago.
It depends.

There may be an implied agreement if you told him an amount and provided the care and he did not raise any objection. The elements of a contract are:

Offer
Acceptance
Intention to create legal relations
Consideration.

It does not need to be in writing.
If he paid you in the past, that would show implied agreement even though he never expressly said he agrees to pay you.

Hope this clarifies.
Customer: replied 3 years ago.

He didn't pay me in the past but he's started paying me now, since I said I would have to go back to work and stop the care if he didn't pay because it cost me several thousand pounds (he hasn't paid me for food either). He did this very begrudgingly and it literally brought a tear to his eye. He is in the palliative stage of brain cancer now, which is why I didn't kick him out. Unfortunately, I think the brain damage has made a mean streak more extreme! The Lasting Power of Attorney is in process, so I want to ask his friends who will represent him to pay me what I asked. I have friends of my own who are prepared to witness that I asked him for this money. Are his LPA representatives required to do this? Because they probably feel they should respect his decisions on the matter, even though his family support my view that he should have paid me. On several occasions, my lodger told mutual friends (whose help I enlisted to try and talk sense to him) that he would sort things out but never acted to do so. He told his LPA friend that he agreed what he is paying now but "made a face to show he was not happy".

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case it would seem like you have an agreement with him which his attorney should honour.

Hope this clarifies.
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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