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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I claim esa and my wife we had a visit from a compliance

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i claim esa for myself and my wife we had a visit from a compliance officer today he said that it was a computer generated call and they had been informed that we had a bank
savings acc that we have not told them about,i showed him all our bank statements etc
and he was satisfied that we did not have over the limit but said that he will make checks about the other savings acc.
After he left my wife told me that she does have a acc in the bank that he mentioned but it
is for her eldely sister who is a alcaholic and suffers from dementia this is her savings
that my wife looks after to pay for her rent and bills if she had the money in her acc she
would spend it all on drink etc so she asked my wife to look after it as my wife also has power of attorney i new nothing of this acc as im ill with a lung condition and she did not want to worry me im now concerned that when the dwp find out can you advise me on what to do this acc has only been open since june this year many thanks
My name is ***** ***** I'm happy to help you. How much money is in this other savings account?
Customer: replied 2 years ago.

Hi Approx £25,000



And does she have proof of the power of attorney?
OK. Your wife should have told the DWP about the savings because she has a legal obligation to tell them about all bank accounts in her name - she could then have explained that although she has this account it is not her money and she is acting as her sisters attorney. If she had done this your wife would have complied with her legal obligation plus her benefit would not have been affected because it is not money available to her - she is holding it in 'trust' for her sister. I don't think its too late to tell the DWP now - she should contact the assessor and inform that person and come completely clean about it; if the DWP a does banking checked they will find the account anyway and they may be less likely to believe her in future. If your wife comes clean about the position she may still have to attend an interview but at least she is taking the initiative and being honest rather than waiting for the DWP to catch up with her.
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