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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my mum has been getting attendance allowance and is in a nursing

Customer Question

my mum has been getting attendance allowance and is in a nursing home which they have now stopped i deal with her affairs will they ask me to pay it back the amount must be arond 40k
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - do you mean that you know that there has been an overpayment?
Clare
Customer: replied 2 years ago.

she was in a rest home for 5 years and has been in a nursing home for 5 years i cant recall when aa was applied for but dw pensions are saying she s not entitled to it from 2004 if i have to repay it so be but i worried that i may be taken to court should i admit liability to them or wait for the next letter i have never in in any trouble before she is being part funded by the local authority and i make up the balance of the fees from pensions

Expert:  Clare replied 2 years ago.
Hi
What assets does your mother have?
Clare
Customer: replied 2 years ago.

none really no property just some rings etc nothing of any value

Expert:  Clare replied 2 years ago.
Hi
What happened to the money received?
Clare
Customer: replied 2 years ago.

all pensions held in a joint account with me and my mum paid nursing home fees from this account any money left over held in a savings account

Expert:  Clare replied 2 years ago.
Hi
Is that what happened to the Attendance Allowance as well?
how much is in the savings account?
Clare.
Customer: replied 2 years ago.

around 40k

Expert:  Clare replied 2 years ago.
Hi
You will have to repay the amount that was overpaid I am afraid
However unless it is clear that you knew that your mother was not entitled to the benefit then it is unlikely that any other action will be taken against you
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi you have been dealing with my mums overpayment of attendance allowance from 2004 when she went in her first rest home.

I have now found two letters from west sussex county council dated November 2007 and January 2008 when she changed homes twice who are the part funding body part of the letters state that the benefits agency has been informed of mums change of address, does this effect the repayment situation?

Expert:  Clare replied 2 years ago.
Hi
Unfortunately not
Clare

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