Successful Resolution to Department of Work and Pensions (DWP) Compliance Check
KANGS has successfully represented a client who became the subject of an investigation conducted by the Department of Works and Pensions (DWP) following a routine compliance check.
As the result of his deteriorating health, our client had previously executed a Power of Attorney to manage his affairs. When the Attorney discovered a potential discrepancy in information provided to the DWP, they appropriately sought legal assistance to help resolve the issue and protect our client against any allegations of deliberate concealment, which potentially could have led to serious criminal and civil consequences.
Nazaqat Maqsoom of KANGS outlines how we assisted in the positive resolution of this investigation.
What is a Power of Attorney?
A Power of Attorney is a legal document by which the person executing it, the donor, enables at least one other person, an attorney, the right to make decisions on their behalf. Appointing an attorney is a common occurrence taken to assist when the donor may become unable to manage their affairs, for example, due to illness.
A Power of Attorney can only be set up by a donor who at that time, has the ability to consider all the relevant information and competently make decisions.
Where a Power of Attorney has not been made, in appropriate circumstances, a relative or friend may apply to the courts for such decision -making powers.
The Circumstances
Our client had been receiving financial payments from the State since 2019. As a matter of course, the DWP conducted a routine compliance check to confirm his financial eligibility for receipt of the payments.
During the process, our client’s Attorney discovered a potential irregularity in our client’s original disclosure, in that certain financial assets may not have been disclosed. Failing to disclose this information may have affected both payments already received and the entitlement to future payments.
Recognising the potential issues, our client’s Attorney immediately sought our advice.
How We Assisted Our Client
In order to assist our client and his Attorney, the team at KANGS:
- considered the documentation and circumstances which had led to the problem,
- advised on the manner in which to proceed in order to achieve the most satisfactory outcome,
- conducted all required correspondence and engaged in document preparation in readiness for a meeting with the DWP,
- provided advice and support throughout the process.
The Successful Outcome
In addition to providing the voluntary disclosure to the DWP, our client forcefully maintained that the irregularities where totally inadvertent rather than fraudulent. Negotiations with the DWP resulted in a satisfactory financial settlement, and it was confirmed that no further action would be taken against our client.
Naturally, our client and his Attorney were extremely grateful for the support of the team at KANGS in resolving this worrying issue.
How Can We Assist?
Becoming the attorney of an individual by virtue of a Power of Attorney imposes responsibilities and duties far beyond those generally understood.
As shown by our clients’ circumstances in this article, had his Attorney not recognised the implications of the inadvertent failure to disclose important information and sought immediate professional advice, the outcome may well have proven far more damaging.
KANGS enjoys a wealth of experience assisting clients with HMRC tax issues at every level.
If you are a corporate entity or an individual who wants to make a voluntary disclosure or involved in a dispute with HMRC then please do not hesitate to contact our team using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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