Repaying Mum's DLA now she's passed away

Stefano_2

Hi - could anyone advise me please.

My Mum was in receipt of the Higher Rate DLA (and Attendance allowance). She was in hospital recently and has now passed away.
I informed DWP Blackpool - and they have sent me a form asking for my (as next of kin and executor of her will) personal details including N.I. number,Bank Account numbers.
Reading the information on YouGov concerning DLA and hospitals it would appear that this stops after 28 days in hospital. I'm assuming therefore that she was overpaid DLA and they want it back.
I'm uncomfortable giving out my bank details - I will be able to repay any overpayment once probate has been obtained but i believe this can take a couple of months and I'm not in a position to repay any overpayment myself until her estate (it's only about £20K divided between 4 children) is settled.
Will they wait this long? they seem to be in a hurry, as I received both the DWP letter asking for my bank details (and a council tax "demand" for her to pay C/T until april 2010) on the morning of the funeral

Stefano

mealone

sorry you have lost your mother, loseing a loved one is hard enough without any extra complications.

Why are you going to probate?

McKneff

I certainly wouldnt give them your personal bank details - it is not relevant and certainly nothing to do with them.

Tell the DWP and the Council they will be reimbursed/ refunded by cheque when the estate is settled. they cant do much about it.!!! I would also ask the Council for an amended council tax bill. No need for you to pay the whole year.
Make 'em wait.

Cheeky sids.

I didnt think you had to get probate for that small an amount.

p00hsticks

Stefano wrote: »

My Mum was in receipt of the Higher Rate DLA (and Attendance allowance). She was in hospital recently and has now passed away.
I informed DWP Blackpool - and they have sent me a form asking for my (as next of kin and executor of her will) personal details including N.I. number,Bank Account numbers.

Sorry to hear about your loss.
Are you absolutely sure that the form is asking for your details and not hers, as it would make far more sense for that to be the case ?

Any overpayment would - I think - count as a debt of the estate. As an executor, it's your duty to see that any outstanding debts are settled from the estate before any remaining money is distributed to any beneficiaries. But I don't believe there's any obligation on you personally, either as executor or next of kin, to repay the debt yourself if there isn't sufficient money in the estate to do so.

There's no reason that I'm aware of why they would need your NINO or bank account details.

cabbage

Hi

Sorry to hear about your mum. I'm in a similar postion regarding my dad who passed away on 24 May. He was in and out of hospital for around 6 months and so there is an overpayment for when they were not advised.

I phoned DWP to let them know about it and I got that form too. I have set up a probate/executors account with dad's bank so gave those details on the form. (this account will allow money in via my dad's name or me as executor) There was also some pension due to him so they are not only looking for overpayments but also money due to the estate. I thought they would credit it to the account but they sent me a cheque within days.

I rang again and asked about an overpayment. It turns out we might owe 7 weeks AA but he was unsure. When I asked how to pay it, he said to wait for the letter from the DWP then pay it. But he also told me not to worry about it. The way he spoke about it, I'm not sure if the DWP will bother chasing payment - but I might have misread his signals.

I applied for Probate about 10 days ago and I have my appointment tomorrow. Around 10 days after the Probate interview you should be granted Probate. Then its up to the banks etc to release the funds.

What I will do, is leave some money in the executors account for around 6 months to cover the overpayment (double the estimated 7 weeks just in case) while I wait for the DWP to get in touch.

Stefano_2

Thanks to those who replied, I contacted DWP and told them I wasn't going to give my bank details - they were ok about it. They will write to me regarding any over/underpayment.
The form (to be returned in a normal prepaid envelope) was asking for my name, address, DoB, N.I. number and bank account no and sort code - I think that's just about everything that anyone would need to steal my identity and empty my account! and it came from a government dept and requested the info to be sent by unsecured mail - crazy!

Probate is required for over £15K in a bank account or accounts.

Thanks again

Stefano

mealone

Stefano wrote: »

Thanks to those who replied, I contacted DWP and told them I wasn't going to give my bank details - they were ok about it. They will write to me regarding any over/underpayment.
The form (to be returned in a normal prepaid envelope) was asking for my name, address, DoB, N.I. number and bank account no and sort code - I think that's just about everything that anyone would need to steal my identity and empty my account! and it came from a government dept and requested the info to be sent by unsecured mail - crazy!

Probate is required for over £15K in a bank account or accounts.

Thanks again

Stefano

No its not, my solicter dealt with my grandfathers death for our family since he held his will, he had much more than 15k in the bank and probate wasnt required and it was all sorted out very quickly.

Jojo_the_Tightfisted

Make them wait. You've told them she has sadly passed, now they will just have to wait in line until everything is settled. I'd personally put them right at the back of the queue as well.

zzzLazyDaisy

interestingly, according to the govt website, if the person leaves more than £5k, probate is required

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029799


That certainly didn't use to be the case - when my MIL died she had more than that and we didn't get probate, we just presented the death certificate and will to the bank and the exectutor's passport as proof of identity, and they paid out.

alanrp123

When my Mum died 2 years ago, the council asked me for rent etc, and DSS for overpaid attendance allowance.
I had spent all this on the funeral, and when I told them, they cancelled the debt and I have heard nothing since.

dzug1

alanrp123 wrote: »

When my Mum died 2 years ago, the council asked me for rent etc, and DSS for overpaid attendance allowance.
I had spent all this on the funeral, and when I told them, they cancelled the debt and I have heard nothing since.

Funeral expenses are a preferred debt, so this is to be expected if there were no other assets.