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is it just us DLA are ruining? - Carers UK Forum

is it just us DLA are ruining?

Share information, support and advice on all aspects of caring.
My husband has been on DLA for 12 years and has worked for DWP for 9yrs. Recently out of the blue dla investigated my husband following us for 3 months. November he was having a good month and was using his sticks, they left us alone in December due to him having 6 weeks off work due to his disabilities and then started again in January day after he started work again although this time he was using a wheelchair a few days of him using his chair and they disapeared again.
Anyway they dragged us in for an IUC and have now decided his is a fraud have taken all his money trying to take his motability car and we are losing the house 'cos we can't afford the mortgage we have appealed the decision but can't get a date till 2012. If he is found guilty we will owe £13000 dla £14000 working tax. we have lost everything inc his job which he has fought to get and keep cos we didn't want to live of benefits till it was absolutely needed which it now is. I'm just at a lose to what have we done wrong? why is this happening now? how much more can i cope with? i have 3 young children a husband on morphine and now having to move and do an appeal. Is this a one off or is it happening to others? if any one can help of advise me i would be soooo greatful thanks x
I am desperately sorry to hear this, there is increased pressure to identify fraud and the innocent do find themselves wrongly identified as having committed fraud but have this overturned on appeal. Do not accept a caution or an administrative penalty, which is an admission of guilt, without taking advice, prosecution is not as easy as some fraud investigators suggest and the DWP has to both prove that there was no entitlement and also that there was intent to defraud, cautions and adpens are sometimes offered as an alternative to prosecution when there is no case to answer.

You need a welfare rights adviser to assist with the appeal tribunal and, if your husband is prosecuted, a criminal law solicitor but you need to find a solicitor who understands social security law or who is willing to be advised by a WRA because social security law is complex and most criminal law solicitors are not au fait with it.

But primarily you need to have the appeal heard before any court case, this is incredibly important because if the tribunal finds that your husband was/is entitled to DLA and there is no overpayment there is no criminal case to answer. This again is where the WRA can help you, i.e. by trying to get the tribunal heard before the court case and to put pressure on the DWP to hold off the prosecution until the appeal has been heard.

It also sounds as if you need debt advice, even if you are not already in debt if you can come to an agreement with your creditors you may be able to hold on to your home until the appeal has been heard, this would take a lot of the pressure off you.

The Carers UK Advice Line should be able to advise you further, CABs give benefits and debt advice or, if your husband is a client of your local social services department, many SSDs have Welfare Rights Units and his care manager should be able to refer you for their help, there are other welfare rights organisations which operate in different areas so it would be worth you also looking in your local Yellow Pages or online.

Other members will no doubt have additional advice as they come along and just keep posting, you are not alone, everyone is here to help.
And I would recommend that you change your user name to anything but your actual name to ensure your and your family's privacy is protected.
Welcome aboard! I think Parsifal has covered everything, though.
Grim situation: good advice from Parsival, there is everything to fight for and many cases succeed at appeal.