Published on 12, July, 2020
I wonder if anyone knows a specialist legal advisor who can help with a very specific issue or where to find one ?
My sister had a fairly normal situation. Became full time carer of autistic child.. Her parent contributed some badly needed money all the time. Left money within will when died. Stepparent wants her money. Many complexities result which could fill a page. . One in particular is uncommon. Apparently poverty can be claimed by carer but where caring for a child would make life more expensive (holidays, home security, eating T shirts daily, suchlike challenges) it is said this this extra cannot be taken into account. This is apparently the law under section 2 of the 1975 act or at least that is alleged.
I suspect there are a very people who have the detailed knowledge to immediately recognise this issue and know what to argue against this. Find them is proving hard. I wonder if anyone has any ideas based on experience with this issue?
Also as a warning, if you are helping out a child with carer challenges, do make sure your will is fortified beyond all normal lengths you might want to go so.
I believe I see what you are asking, and believe I can see what the letter of the law is getting at.
To parpahrase: The law considers the poverty of the carer, soley on an individual basis, and makes no consideration of the consequential expenses of the carers decision to care for said child.
Which seems harsh.
But does there then not exist a separate individual pathway in the system to care for the childs economic needs, particularly as the child is Autistic?
I hope this is useful in some way!
There is a legal heavyweight floating about here somewhere who might chime in. so it's worth me bumping this up, eh?
Relevant experience: I read a few lawbooks whilst my partner was getting her degree, and er, have had to excercise some legal finesse and understanding over the years to not be a victim of various predators. I'm normaly fairly good at figuring out how things really work. Particularly, "technically".
Thanks I Sperg. Yes that is the issue. All benefits are being claimed. However its a hard life. Very hard. We would really like to fight to preserve the amount left in the will for this. It feels so unfair that it will be used instead to enable someone to live in a theoretical and slightly more luxury care home. They have very good solicitors and even finding someone with experience of success in this narrow aspect has proven hard. (Indeed other beneficiaries have same for other aspects of the case but really need an independant expert).