Is it possible to try and overturn a decsion to award CA on the basis that the person being 'cared for' has been made finacially worse off i.e. loss of SDP in PC/HB. I presume the 'carer' does not have to ask for permission/consent from the cared for person to claim CA. In this case we have doubts that any care is being provided by the person's Son certaintly not 35 hours per week. The carer has gained finacially where as the elderly chap has lost out all round.
Is it possible to report this as suspected fraud as it is unlikely that the elderly chap would want to do this /understand why he has lost his income. His warden in sheltered accommodation would confirm the 'carer' is rarely seen visiting him.
Thanks

It is possible but is it what your client would want? As an adviser your first duty is to your client and it isnt your client who says he isnt receiving the care. Even though he has lost money there could be family problems caused by reporting the carer. You need to discuss it fully with ur client

I understand what Margie is saying but from your post I assume your client did not know the son had claimed CA and is not too happy about it? If your client doesn't want to cause any family problems he should get his son to withdraw his claim by telling them he's no longer caring for 35 hours. Your client will get his sdp - still backdated if I remember rightly even though someone has been claiming CA at same time (you'd better check that as I've not looked it up for some time).

I think there are two different issues here. If the carer has claimed CA without understanding the impact on SDP, then they can simply withdraw their CA claim, and the SDP will be reinstated. Potentially there could be an issue with the lost CA being treated as notional income for MTB purposes, but as the concept of 'notional income' is that you gain more benefit by not applying for some form of income, it shouldn't apply as it is the disabled person who gains benefit. On IS, and CA as notional income, see CIS/16271/1996. As far as I am aware there are no notional income rules in relation to PC. There are in relation to TC, but I am not sure what line HMRC would take on notional income. Not sure if notional income applies to HB/CTB.

If someone has claimed CA, and the disabled person contends that they are not entitled, normally because they are not 'regularly and substantially caring' and they have lost their SDP, then you will need to convince CA that they are not entitled. I have had about 15/20 cases of this type. You need to collect as much as evidence as possible as to why they are not entitled. What the disabled person says is of course evidence, but it useful to get evidence from third parties e.g. relatives, friends etc. CA are, in my experience, somewhat tardy about investigating the allegation, and it has often taken a few months to resolve. They may respond more quickly if you get the MP involved.