Advice re repaying Pension Credit wrongly clamed by my late mother

joyciebird

JuneBow wrote: »

Oh, for goodness sake! Get a grip!

Stefano, you are correct in your interpretation of the letter. However, if your mother incorrectly declared her savings at the beginning, then you are back to square one really. Do you think your mum would have done this though? It is one thing to forget to tell DWP about a change in circumstances, but quite another to deliberately lie. You may be worrying over nothing. The department can go back for as long as the claim was in force if the declaration was made incorrectly.
Have they asked for the bank statements from the beginning of the claim.
Just for those who are unsure
Attendance Allowance and the Mobility component of DLA can be paid simultaneously, and is done when the entitlement to AA commences after age 65.

DLA Care component is claimed if a person is over 65 but has an entitlement to the Mobility, NOT AA.

AA and Mobility is only payable simultaneously in the case of dual beneficiaries, these are people who had entitlement to AA and Mobility Allowance prior to 1992 and who's records failed to be converted correctly.
If care is required prior to age 65, the claimant receives the Care Component of DLA, as well as the Mobility Component of DLA, but no AA.
The reason both AA and the Mobility component of DLA can be paid simultaneously is that they are for different needs.
The Care component of DLA, and AA cannot be paid at the same time.
Stefano’s mum has clearly been receiving both DLA and AA, and it is unlikely that a computer system would accept two overlapping benefits. The computer system can and will accept a claim to both DLA and AA.
It is equally unlikely that the Estates Recovery Team would have not picked this up in the event that the system did accept two incompatible benefits.

I understand that this is all confusing I wish I could explain it better

Oldernotwiser

joyciebird wrote: »

I understand that this is all confusing I wish I could explain it better

Never mind, we elderly people can understand perfectly well; thanks for transporting the information over here from BB.

It seems to me that the OP may have more than the small amount of money he thinks to pay back.

eggonface

JuneBow wrote: »

Sorry if you could not understand this Margaretclare, but it is on the website, and on the leaflets. I do sympathise however, and agree that the rules can be a little difficult to understand for the elderly.

Ooooooooooops. Junebow is reallyclueless.:rotfl:

cleo1299

Stefano wrote: »

I’ve now checked the Age Concern website Pension Credit calculator and I estimate my mother was being overpaid Pension Credit by £21 per week - probably because she failed to update the DWP as her savings increased.

Wouldn't she have had to be saving rather a lot of money, to accumulate enough savings in such a short time to make the deficit £21 per week?

Was she ever awarded any money in personal injury compensation? If so, that money would be ignored for Pension Credit purposes. I realize that's a long shot.

cattie

The money will have to be repaid & if necessary installments agreed with the ~DWP debt recovery department. You need to remember that debts to DWP never die or get written off.

My mother owed overpayments when she died, but it was picked up by her solicitor, who realised she had savings over the limit, so the debt was settled with DWP before the bequests from her estate were made.

anmarj

Hi

Just to say that I have found out how from the recovery of estate site at work how this has come about - when somebody applies for probate/letters of administration and the estate is over £5,000 they (recovery of esate) are automatically informed what the estate is worth, they then check to see if the entitlement is correct, so think I can safely say that there would be no overpayment if the capital increased after the start of the Pension Credit claim.

Stefano_2

anmarj
Thanks for your reply,

With the help and advice of all the Moneysavers who have replied I now understand that the key is
1) When did the claim start, and when was the last time my mother either specifically declared her savings or didn't offer any information as to the amount of increased savings when written to or asked by DWP

2) how much did she have at the point in time referred to in 1)

I realise that the Assessed Income Period (in force from Oct 03 to date) may be irrelevant if the information supplied to DWP was incorrect (thus the Pension Credit at the start of the AIP was potentially overcalculated and overpaid from that point).

I believe this all goes back along way, certainly 2003 or much earlier - It would surprise me if the whole estate has to be repaid, which wouldn't have been a problem but for the fact that I through ignorance (and with hindsight - rather stupidly) distributed the estate to my 2 sisters immediately after probate. I did this mainly because one of then needed the money but in all pobability I would have done it fairly quickly anyway as I had no reason to hold onto the money and no idea my mother's pension and benefits were - as it now seems - overpaid.

I know it's taxpayers money and if wrongly paid out it has to go back but I'll probably end up having to pay my sisters share in installments which will leave me very hard up as I live on an occupational ill-health pension following my forced retirement after contracting Non-Hodgkins Lymphoma a couple of years ago and I have no savings to speak of.

Stefano

AGordon

I know how you feel as I am in the same situation. DWP have sent me a letter demanding £9.5k from my Mums estate and as there was only equity in the house I didn't have the money to pay them. However they are now threatening to take me to court as I am executor of the estate and apparently liable for this debt. I have been to hell and back with these horrible people!

lilac_lady

I know someone aged 68 who has received the higher rate motobility allowance for ten years and has now been awarded the higher rate Attendance Allowance. She hadn't claimed for the DLA care part before making the AA claim. I don't know if this information helps anyone but I thought I'd post it in case it does.

lolly5648

Stefano, please go and talk to your nearest Citizens Advice Bureau, they have experts who deal with these sorts of things and will really help you.