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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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I got a letter from DSsSa i got a letter from the DSS saying

Customer Question

I got a letter from DSsSaHi i got a letter from the DSS saying that a alleged that a fraud about a benifit as been made as a investigation was being made and ask me to go for a interview under caution. I phone up to ask what this was about and they said about care allowance that could how been claimed for since 2012 could be fraudulently. I am not the claimed my stepson son is he care's for me but i don't know what to do
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
What to do you see my stepson was living with us when he came my carer and he put my address down and then 3months later he moved back home. but didn't change the address, and the money was paid into my bank cause at the time he didn't have one, but he also didn't want his mum to now that he was my carer cause we don't get on. And he being careing for me since 2012until a few weeks ago, he was 16.we have a falling out a few weeks ago and didn't answer is phone or message from me or his dad. We think is mother found out and reported this to the DSS saying he was not my carer, I have since management to speak to him about this and said he doesn't know anything and that he as not had a letter, but i don't believe him so if he says that he was not my carer what can i do? the money was paid to him in cash, so i am worried as to what to do.
Customer: replied 1 year ago.
Should i see a solicitor about it? cause i don't want to go into a interview on my own and get advice, cause some of my health problems are i get panic attacks when in stressful situations
Expert:  Jo C. replied 1 year ago.

How much do you receive a month? When did he move back home?

Customer: replied 1 year ago.
It's 62a week, he went back after about 3 months. But still came and and carried on being my carer. But if he says he was not want can i do about this?
Customer: replied 1 year ago.
Also they stopped paying the money into the bank 3weeks ago but my stepson as not told them that he is not caring for me. So should i fill out the form on line to say he as stopped cause he was stopping at the end of august anyway cause he was going to college.
Expert:  Jo C. replied 1 year ago.

Well, the difficulty is that either way he wasn't living with you and you didn't tell them. That is a problem.

The overpayment would be about £240 a month for roughly three years which is not a small sum but not the highest in question.

It probably does exceed the sum at which they would just allow repayment but only just.

Expert:  Jo C. replied 1 year ago.

They may allow repayment for that reason.

If not then they will summons I'm afraid.

Customer: replied 1 year ago.
Even if he tells them that he was my carer and we forgot to let them know the change of address?
Customer: replied 1 year ago.
You don't have to be living with the person your caring for, he was at first them went back home to his mothers
Customer: replied 1 year ago.
What is the sum that they would no summoned you? cause if he denied been my carer who would be summon my stepson or me? And if the worse comes what if some money was paid back and the rest on a payment plan would they still take you to court?
Expert:  Jo C. replied 1 year ago.

No, but you do have to tell them that is he living elsewhere as it can change the level of care provided and you did not.

Expert:  Jo C. replied 1 year ago.

They will be saying that he is no longer a carer.

Expert:  Jo C. replied 1 year ago.

Yes, he could deny that. Whether he will or not is another matter.