This is a very sad case and I would really appreciate any help. Couple with adult severely disabled son have been caring for him at home for several years and made error in saving 'all' his benefits and never taking any money for board as they wanted to safeguard his future and save the money to get more suitable housing, even added own money to it. Moved home and, as receiver of his account, used some of the money to assist with the house purchase. Son moved to care home(NHS funded) while they moved. Overpayment because of capital discovered,IS stopped, overpayment being calculated. Clients accept they must repay 7 years IS and will use some of the remaining money to do so, but will still be over limit to reclaim. Need son to have qualifying benefit to gain grant for work needed to accomodate him at home. They feel in catch 22 situation. Cant aford for work to be done without grant. Cant have son home without work done. Need the money left to buy things for home and replace money they used - just made mistake of saving it in his name. How will the removal of the money in his account to pay towards home be treated? and how will removal of further money to help with move, be treated if they make new claim for IS? Money is/was in account in sons name with father as receiver. Mother is appointee for benefits.
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