I have a client whose son came to live with him in January 2002 and which child benefit was paid some 3 months later due to duplicate claim with childs mother and cooling off period. The childs mother called on my client in July 2003 and infomred my client that DLA for their son had ceased in May 2003. My client was not aware that this benefit had been in payment.
A letter was written to DWP explaining that the child had been living with the father since January 2002 and therefore as he was the primary carer of the child and with whom the child lived the benefit for the period January 2002 upto and including the date at which it ceased should have been paid to my client. It clearly states with regards benefits that the benefit due/and paid in respect of the child be paid to the parent/person with care of the child.
Also given the fact that DWP computors are supposed to talk to each other.
The responce has been that DLA was paid in good faith to the mother and as she did not make them aware of the change in circomstances there is nothing they can do and unfortunately they will not be making a retrospective payment to my clinet as the have already paid DLA for the period.
Can anyone help with regards this matter it seems very unfair that a person who does not have care or responcibility for a child can continue to receive a benefit that is paid for the child.

Many thanks

It seems to me that a payment should be made to yuor client and an overpayment raised and recoverable from the mother. Try lodging a complaint.