Gran, 85, with advanced dementia ordered to repay £13k in benefits due to little-known rule
AN 85-year-old grandmother has been ordered to repay £13,000 after being told she was overpaid benefits for years.
Sia Kasparis, who has been diagnosed with advanced dementia,, was told by the Department for Work and Pensions (DWP) that she had not been entitled to severe disability premium of pension credit.
Low-income retirees can get their state pension topped up with pension credit.
The grandmother of five relies on full-time care, and her son Andrew Kasparis, 66, has been providing this at home since December 2019.
He told the newspaper: "It feels like they are showing utter contempt for vulnerable individuals.
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"My mother has no way of comprehending this situation, and it's causing her and the family unnecessary anxiety."
He added that dealing with the DWP had been a frustrating and emotionally draining experience.
When Andrew first started caring for his mother full time, he became eligible for an extra boost with the benefit's carer's element of Universal Credit.
This boosted his payments by around £50 per week.
But little did he know that his mother's eligibility for her pension credit severe disability premium became void as a result.
At this point Sia should have contacted the department to notify them that she was no longer eligible under DWP rules.
The DWP expects claimants to do this on their own accord.
But Andrew said his mother had no idea about this requirement – and that it would have been "virtually impossible" for her to contact the DWP because of her serious health conditions, of which the department was aware.
He said: "Dementia or not, she wouldn’t have known she had to do it anyway, and she wouldn't have been able to do it anyway."
Advocacy groups for the elderly and disabled have slammed the DWP's actions, arguing that it's not fair that seriously ill, vulnerable claimants in care need to be the ones to declare a change in circumstances.
Jane Hudson, a spokesperson for Age UK, said: "This is a clear example of the system failing those it is supposed to protect.
"We urge the DWP to reconsider its approach and show more empathy towards those who are already struggling."
In response, a DWP representative stated that they are obligated to recover overpaid funds to ensure the integrity of the benefits system.
However, they also said they are reviewing Sia's case and will consider her circumstances in their decision-making process.
A DWP spokesperson said: “We have paused the recovery process as we review Ms Kasparis' case as per our policy when we receive a mandatory reconsideration request."
However, the DWP wouldn't say whether it carries out any assessment of a person’s circumstances before ordering them to repay such huge sums in cases like this.
What is pension credit?
RETIREES on a low income can get it topped up via pension credit.
Pension credit is worth £218.15, and for couples, it's £332.95.
If your income is lower than this, you should be eligible for the benefit.
You can also get additional pension credit premiums if you are disabled, have caring responsibilities or have to pay certain housing costs such as mortgage interest payments.
For example, if you're single and classed as having a "severe disability" you can get an extra £81.50 a week if you get any of the following:
- Attendance allowance
- The middle or highest rate from the care component of disability living allowance (DLA)
- The daily living component of personal independence payment (PIP)
- Armed Forces independence payment
- The daily living component of adult disability payment (ADP) at the standard or enhanced rate
You will become ineligible for the severe disability element if your carer starts claiming carer's allowance or the carer's element of Universal Credit.
DON'T GET CAUGHT OUT
If you're claiming Universal Credit and become eligible for carer's allowance and your family member is claiming the severe disability premium of pension credit, you'll need to notify the DWP.
This is classed as a change in circumstances, and you must report it online or directly to the benefits office.
You'll need your National Insurance (NI) number, details of the person you're caring for, and details of the change.
If you have been overpaid benefits, you will have to pay it back in full or in instalments via the DWP's Debt Management Platform.
If you don't do this, the DWP can take deductions from your work salary or even pass your case on to a debt collector.
If you don't engage with the debt collector, it may then take your case to the county courts.
You can dispute an overpayment if you don't agree with it, but you'll need evidence as to why you claim not to have overpaid.
You can do this through what's known as a "mandatory reconsideration," which you can submit to the DWP online, by phone, or by letter.
The decision letter you receive from the DWP will contain the specific contact details to which you need to send correspondence.
Once the DWP has received your mandatory reconsideration, you will receive a "mandatory reconsideration notice" informing you whether it has changed its decision.
If you disagree with that outcome, you can appeal to the Social Security and Child Support Tribunal.
A judge will listen to both sides of the argument before making a decision.
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It's not the only complicated rule to catch out vulnerable people.
Tens of thousands of individuals claiming carer's allowance are having to pay back as much as £20,000 after unknowingly breaching DWP rules.
What is the Universal Credit carer's element?
HOW much Universal Credit you can get will depend on the income and circumstances of all the household members.
Your standard allowance will depend on whether you are single or claiming as a couple, and your age.
There is one standard allowance for your household:
- Single claimant aged under 25: £311.68 per month
- Single claimant aged 25 or over: £393.45 per month
- Joint claimants both aged under 25: £489.23 per month
- Joint claimants either aged 25 or over: £617.60 per month
There are additional elements that can be added to your basic allowance, including a carer's element.
This element is £198.31 per month.
You can get this element if you are providing care for at least 35 hours per week for someone who gets
- Attendance allowance
- The highest or middle rate care component of disability living allowance or child disability payment
- Daily living component of personal independence payment (PIP)
- Armed Forces independence payment
- Constant attendance allowance of £88.70 per week paid with industrial injuries benefit or war disablement pension.
You do not have to claim carer's allowance to get this element.
Unlike carer's allowance or carer support payment (Scotland) where you are prevented from claiming if you are earning above a certain level (£151 per week for 2024/25), for the carer's element your level of earnings does not prevent you from claiming.
However, as the carer's element is part of Universal Credit, which is means tested, your earnings and other income will affect how much Universal Credit you are entitled to overall.