Can Attendance Allowance be applied for retrospectively if person with dementia did not have capacity to apply?

Skyerain

New member
Feb 3, 2024
3
0
Hi everyone, does anyone know if we can claim retrospective Attendance Allowance for my father who has cancer and dementia. He had savings for his funeral but unfortunately his carer stole all of his money out of his bank. The police have investigated and they have said that this person tells them that my father gave them permission to take the money out and spend it on themselves and because he now does not have capacity they are unable to speak to him and obtain his perspective.

It was around £6000 but we know he had saved it for his funeral expenses as he has no other policies or insurance or pensions. He was in receipt of pension credit. He was diagnosed cancer in 2021 and dementia in 2022. The person supposed to be caring and looking after his interest did not apply for council tax benefit or Attendance Allowance for him, both of which he would have been eligible for. He had direct debits going out paying full council tax for years. Obviously, he would not have been able to sort this out himself and his carer was too interested in helping themself.

However, now they do not want to know as all the money has gone. They have walked away.

Dad is now on life support and has no funeral savings or policy. I am on Income based ESA and do not have any savings to pay for a funeral. I have asked the carer if they could pay the funeral expenses but they have refused saying it’s all gone.

Dad would have been eligible but wasn’t able to apply himself so was hoping that could be used as a viable reason for asking for a retrospective payment- which could then be used to pay for his funeral.

Do you think this would be a viable reason/request? Thank you.
 

amIinthewrong?

Registered User
Jan 24, 2024
174
0
I think you should put a complaint with the police department and to find a know win no fee solictor and try to take that person to court in order to try to get some of that money back as their isn't any type of contract or visible evdidence of an agreement made, also yes I think you can apply for him if you fill the form and mange to get it signed by him you may be better off phoning attendance allowence up, the police sound like they do not care that £6000 has walked from a vunerable adults savings/account and that issuse needs to be raised which may take a long time but it is still better to try I am so sorry that this has happened and I hope it gets sorted out💐💐 also if it has been withdrawn from his bank account/s get in touch with the bank and have them informed to.
 

Skyerain

New member
Feb 3, 2024
3
0
I think you should put a complaint with the police department and to find a know win no fee solictor and try to take that person to court in order to try to get some of that money back as their isn't any type of contract or visible evdidence of an agreement made, also yes I think you can apply for him if you fill the form and mange to get it signed by him you may be better off phoning attendance allowence up, the police sound like they do not care that £6000 has walked from a vunerable adults savings/account and that issuse needs to be raised which may take a long time but it is still better to try I am so sorry that this has happened and I hope it gets sorted out💐💐 also if it has been withdrawn from his bank account/s get in touch with the bank and have them informed to.
Thank you so much for your kind words. It is terrible and we can not believe that they are getting away with it. We have informed the bank and they froze his account.
 

amIinthewrong?

Registered User
Jan 24, 2024
174
0
You mentioned about the money that has been taken was for funeral savings would you be able to get funeral insurance? this might help later on I think you can phone the insurance company for him and ask what they could provide I know that does not bring the money that has been taken back but it might help in the future💐💐
 

SAP

Registered User
Feb 18, 2017
1,599
0
This is such a difficult situation for you @Skyerain. If you or someone else has LPA for your dad’s finances then you can apply for AA on his behalf. It is back dated to the date of the claim but not further than that. However I am aware that time is limited so I’m not sure how far you will get.
As for the missing money, you could take the matter further as suggested above but it will be down to evidence of whether your dad had mental capacity at the time the money was “taken” or “given” . For what it is worth I believe your side of the story, we see it too often on here unfortunately but proving it is another matter.
With regards a funeral this link may help.
 

Skyerain

New member
Feb 3, 2024
3
0
Thank you everyone for your advice and kind words. I will look into all suggestions. Much appreciated.
 

sdmhred

Registered User
Jan 26, 2022
2,542
0
Surrey
Hello

What a stressful situation For you 😢

It may be worth you contacting his council re the council tax exemption for dementia and requesting a back payment. It has been known to happen in my experience so its worth a shot….the CAB might be able to help with this.

Also the council will pay for a funeral if there are no funds available. I have been to several of these services in the crematorium. They were just the same as other crem services.
 

Grannie G

Volunteer Moderator
Apr 3, 2006
82,468
0
Kent
Hello @Skyerain

I think you`ll get the best advice from the helpline.