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Thread: My care package from direct payments and the dwp saying is class as savings

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  1. #1

    My care package from direct payments and the dwp saying is class as savings

    Can the dwp say my direct payments are class as savings we have been having a lot of problems with the dwp

    the cps prosecute me for having a direct payments account on the grounds they said i should have told the dwp about my care package if i would have told them before i taken direct payments i wouldnt have been prosecute

    now they are reduce my benefits and im better off going in to a nursing home i would be better off

    im taking my local council to court in cheshire about what happend in court i went through hell and social service direct payments team didnt help me at all

    thanks fastwheels

  2. #2
    Senior Member
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    No, they cannot. DP account is strictly for social care and in no way seen as savings. You cannot spend it on anything else and DP can come along and say we want £200 back, when they want. So how DWP can say that is a mystery.
    You probably SHOULD have mentioned it, but only in the sense of "full disclosure". Try CAB for help.

  3. #3
    Senior Member sea queen's Avatar
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    How can it be classed as savings when it is used as an In/Out account.
    If too much is accrued it's taken out by social care - it's not yours to save.
    If it's being saved then it's not needed and they will stop paying it.

    I reckon the DWP makes it up as they go along
    Sea Queen

  4. #4
    Senior Member TheFlyingKidney's Avatar
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    Its not income or savings

    DP is a non means tested benefit (It states it on every council website.)

    Get your MP involved and local CAB. They played cat and mouse with me for nearly a year before DWP admitted their mistake.

    I'm sorry that you had that experience with DP.

    http://www.disabilityrightsuk.org/ho...pendent-living

  5. #5
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    On an old thread that fastwheels started, they say that the DP money was put into his main account - not a separate one just for the Direct Payments. Could this be why he has run into problems???

  6. #6
    Senior Member sea queen's Avatar
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    It may well be as DP payment has to be in an account of it's own, not sure why social care hasn't picked this up if this is the case.
    Sea Queen

  7. #7
    Senior Member TheFlyingKidney's Avatar
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    Its generally recommended with Direct Payments/Personal Budgets that you have separate account. I have a joint account with my mother as primary carer. Although I deal with the paperwork and records to DP officers and accountants.

    I think its quite ridiculous that you should be going to court. DP should have been helping you get this resolved or at least passing you over to SS for help.

  8. #8
    I was taken to court and found guilty of not telling the dwp it was a direct payments money if i told them before i set up an account it would have been ok by not telling them its a criminal act i had to please guilty if i didn't i would have gone to prison

    so this why i'm taking my local council to court they should have told me before i opened bank account and given me a criminal record now im so mad with my council this why i'm taken them to court for the stress ive gone and a big over payment i had to pay back

  9. #9
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    Social services INSIST on a seperate DP account. If they have "clawed back" this money, then this was never "your" money i'm afraid. I'm afraid you do have to declare a care package to the DWP. It seems you were either ill advised or did not understand fully to begin with.

  10. #10
    Senior Member sea queen's Avatar
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    I have to admit that I was ill advised by our social care services at the initial setting up of my daughters D.P. It was at a time when Social care workers didn't seem to know that much about it themselves and so were ill equipped with information in helping others.
    I have never penned a letter to DWP telling them of daughters D.P as it wasn't something I had been told I needed to do. However if on any of the forms we have sent out I'm sure this would have been disclosed by me as I am very up front with information.
    Any monies which you are not using from D.P. will be taken back and will be viewed as over funded. You may have your monthly D.P. allowance dropped under a re-assessment.
    Sea Queen

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