DWP trying to take money back!

2

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  • muskoka
    muskoka Posts: 1,124 Forumite
    The DWP regularly investigate the deceased estate months after death. It happened when my stepdad died also. I was surprised - I had probate granted, but was unable to distribute the estate until the DWP had concluded their investigation and yes, I also had to obtain years worth of bank statements to prove there was nothing owed.
  • Do we have to pay it them back!?

    Any debts including this one need to be paid out of your grandfather's estate before any inheritance can be distributed.

    If your grandfather's assets aren't enough to cover the overpayment, then no one else is liable to pay it back. (Relatives sometimes think that they are responsible for paying the debts of someone who has died if they have left nothing, but they're not.)
  • atush
    atush Posts: 18,719
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    I suppose the question is what takes precidence in a small/no estate? The funeral costs or the overpayment.

    If the estate itself (and by this I mean if he owned a property you have yet to sell or any other assests) then yes, you owe the money back. If the estate was so low as to not cover a very basic funeral of 1500, then no I would expect not. Consult your local council office or CAB.
  • dunstonh wrote: »
    Why was it the DWP fault? - these things are often processed weeks in advance. Your mum wouldnt have notified them until after death so there will always be some lag and some payment is likely after death.

    Also, why did your mum keep it if it was paid after his death? She must have realised it was not hers to keep


    However, you would have to have known it was not yours to keep from the start. So, you cannot complain.

    Really?? And you have proof that "she must have realised it ....." ??
    Lovely to know that certain members on this forum like Dunstonh never miss a chance to have a pop at those who have suffered some sort of distress / bereavement / misfortune.

    Hope the same thing happens to them someday, what goes around comes around.

    For the record Dunstonh, not everyone asking a question is a crook or a fraud - the OP was making an enquiry which really just needed a polite answer, not an allegation as to how their mother was some sort of thief / fraud. Bereavements leave relatives quite distressed and unsure at times of matters like this, it isn't necessary to take cheap shots at them :(
  • dunstonh
    dunstonh Posts: 116,027
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    Really?? And you have proof that "she must have realised it ....." ??

    The fact it was paid after he died is the most obvious thing.
    Hope the same thing happens to them someday, what goes around comes around.

    Seeing as everyone dies, it is most likely.
    For the record Dunstonh, not everyone asking a question is a crook or a fraud

    I never said they were.
    the OP was making an enquiry which really just needed a polite answer, not an allegation as to how their mother was some sort of thief / fraud.

    Where does it say that?
    Bereavements leave relatives quite distressed and unsure at times of matters like this, it isn't necessary to take cheap shots at them

    3 months ago and a generation removed and a party unaffected by the transaction. Its hardly a cheap shot. Would you rather we wrap the responses up in cotton wool and tell them that the DWP are a big nasty monster and they dont need to pay it back just because that is what they want to hear.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Pollycat
    Pollycat Posts: 34,579
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    Really?? And you have proof that "she must have realised it ....." ??
    Lovely to know that certain members on this forum like Dunstonh never miss a chance to have a pop at those who have suffered some sort of distress / bereavement / misfortune.

    Hope the same thing happens to them someday, what goes around comes around.

    For the record Dunstonh, not everyone asking a question is a crook or a fraud - the OP was making an enquiry which really just needed a polite answer, not an allegation as to how their mother was some sort of thief / fraud. Bereavements leave relatives quite distressed and unsure at times of matters like this, it isn't necessary to take cheap shots at them :(

    NeverEnough
    You've certainly read much more into Dunstonh's reply than I have.

    I couldn't see that Dunstonh implied that the OP's Mum was a crook or a fraud.

    FWIW, my Dad died a week last Tuesday.
    I was his appointee with the DWP as he was unable to manage his own affairs (and my Mum wasn't up to doing it) so all his benefits came into an account in my name and I was responsible for paying his care home fees.

    I phoned DWP the day after he died to advise them.

    They've already written to me to confirm that there's no arrears due but they also say if there has been an overpayment they'll write to tell me.
    I expect that I will have to pay any overpayment back.
    I must admit that I don't expect them to take 3 months to advise me of any overpayment as happened to the OP but if it does, so be it.
    It will still be money that he was not entitled to.
  • The incredible nastiness that springs up on these forums is quite disappointing. FWIW, Dunstonh, your way of putting things was in my opinion unnecessary and snide - no-one knows exactly what the circumstances were for that family at the time, and its perfectly feasible that the payment might not have been noticed - not everyone is as perfect as you seem to think you are. Amazing the bravery of those who hide behind online monnikers and say things they would never dare to say face to face. And actually, the DWP are hopeless for the most part and certainly don't get much right the first time in my experience.

    Maybe you should try to be a little pleasanter to people - costs nothing. Anyway, hope you get what you wish for others.
  • McKneff
    McKneff Posts: 38,816
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    You seem to have a bit of a persecution complex to be honest.

    You have taken offence where none existed.

    DH puts into plain English the facts that we can all understand, no one else seems to think the way you do, so I would advise
    you examine the thread again and calm down.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • atush
    atush Posts: 18,719
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    Never enough is having never enough of something- not sure what.

    In no way did Dunstoh ever say any of the things alleged, and as always gave good advice.
  • Pollycat
    Pollycat Posts: 34,579
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    The incredible nastiness that springs up on these forums is quite disappointing. FWIW, Dunstonh, your way of putting things was in my opinion unnecessary and snide - no-one knows exactly what the circumstances were for that family at the time, and its perfectly feasible that the payment might not have been noticed - not everyone is as perfect as you seem to think you are. Amazing the bravery of those who hide behind online monnikers and say things they would never dare to say face to face. And actually, the DWP are hopeless for the most part and certainly don't get much right the first time in my experience.

    Any nastiness on this thread is from you.

    I suggest you re-read Dunstonh's post and then review what you wrote in post #15.
    Maybe you should try to be a little pleasanter to people - costs nothing. Anyway, hope you get what you wish for others.

    That's the 2nd time you've written that at Dunstonh - and you accuse him of nastiness!
    Jeez.
    Take a look in the mirror.
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