Deceased Estate - Overpayment of Benefits from DWP

flashnazia

I don't think telling you how to appeal is 'constructive advice'.

It will only be a waste of effort and even more wasted funds from the taxpayer.

I really don't understand why you don't get it. Your dad claimed money from the state because he was seen to be 'needy' but in fact he wasn't. Buying a new car and a field means he wasn't needy so dwp quite rightly want the money back.
You can't pin the blame on the benefits adviser either.
I really don't see how you can get out of this.

Sam____2

The debt was questioned and evidence was given by the DWP in spreadsheet form, OP if you don't understand it by all means hire a solicitor to explain it to you, but the long and short is it will have to be taken from your late fathers estate, if that means you and your children don't get as much inheritance then that's the way it has to be...

real1314

linnyhinny wrote: »

Thank you - at last someone who has given me constructive advice without accusing me of being a money grabber. The comments I have received off other forum users have been quite hurtful bearing in mind I didn't fill the benefit forms in but my Dad did. Anyway I have looked up "Deprivation of Capital" and understand how the 2 major purchases my Dad made towards the end of his life would probably not be considered when his benefits were calculated, but I'm going to fill in the appeal form anyway because of the fact that the benefit advisor made a fresh claim in 2007 on my Dad's behalf which resulted in an increase of benefits & see what happens, so watch this space!

Just to clarify about the car, my Dad only bought a new one cause his old one packed up after 11 years and he wanted to remain independant and why not splash out at his age cause after all you can't take it with you and he wasn't to know that we would die two years later from Cancer.

1. The car is a red herring. Your dad still had a piece of land worth £30k.

A £30k piece of land would have to be declaared and as a capital asset would exclude entitlement to Income Support.


2. The benefit advisor helps the applicant fill in the form. They do not have the ability to mind-read and cannot be expected to fill in details of land purchases that they have not been informed of.

Trying to pass this off as someones else's error is completely disingenuous, and all you are really trying to achieve is getting a bigger inheritance at the expense of tax payers who have provided your dad with money he did not need and did not deserve.

You probably won't see this as "constructive" but that doesn't mean that it is not factual and accurate.

linnyhinny

I've submitted the GL24 form which was recommended by the Citizens Advice and surprisingly also the DWP so I'll see what happens after that.

I've taken on board all the comments some rather judgemental against me & my Dad and some more constructive.

Maybe my Dad did inadvertently mislead the DWP maybe not, I will never know as he's not here to comment but my final comments to those out there who think he did it on purpose is that he worked continuously since serving during the War until he retired at 65 and never claimed a penny of benefits so no one can say he hadn't paid his taxes throughout that time and therefore built up a little nest egg in the process to hopefully enjoy his retirement with. So when the Government kept advertising Pension Credit when it was first introduced and apply maybe my Dad thought it was a benefit he was entitled to and made the initial application but I can't say for sure whether he was truthful in all the questions as I said previously the majority of his savings had been in a bond which he may not of realised you had to declare - so I'm going to leave it there!

If the appeal does not reduce the amount then so be it, the bill will be paid with the excess having to come from some other source, I haven't decided yet, maybe they accept repayments but I'm pretty sure the kids wont want to sell the house because they would lose out a lot more in the long run based on house prices at the moment and the extra costs involved in processing the sale.

real1314

linnyhinny wrote: »

I've submitted the GL24 form which was recommended by the Citizens Advice and surprisingly also the DWP so I'll see what happens after that.

I've taken on board all the comments some rather judgemental against me & my Dad and some more constructive.

Maybe my Dad did inadvertently mislead the DWP maybe not, I will never know as he's not here to comment but my final comments to those out there who think he did it on purpose is that he worked continuously since serving during the War until he retired at 65 and never claimed a penny of benefits so no one can say he hadn't paid his taxes throughout that time and therefore built up a little nest egg in the process to hopefully enjoy his retirement with. So when the Government kept advertising Pension Credit when it was first introduced and apply maybe my Dad thought it was a benefit he was entitled to and made the initial application but I can't say for sure whether he was truthful in all the questions as I said previously the majority of his savings had been in a bond which he may not of realised you had to declare - so I'm going to leave it there!

If the appeal does not reduce the amount then so be it, the bill will be paid with the excess having to come from some other source, I haven't decided yet, maybe they accept repayments but I'm pretty sure the kids wont want to sell the house because they would lose out a lot more in the long run based on house prices at the moment and the extra costs involved in processing the sale.

I haven't seen anyone claim that your dad had done it on purpose, or be particularly judgemental about him. The issue is whether he declared his circumstances correctly. He didn't. That is a fact.

This is the bit you seem to be struggling with. It doesn't have to be on purpose to require repayment.

If you walked out of a shop with something in your trolley that you genuinely, absolutely, honestly forgot to self scan, you wouldn't be guilty of theft. But you would still have to pay the shop back for the item. You couldn't expect to be able to keep it and not pay as it was "a genuine mistake". it's the same with this situation.

nellykim

linnyhinny wrote: »

I am the Executor for my Father's estate who died aged 89 in October 2009. When probate was granted in March 2010 a letter shortly arrived after that from the DWP requesting information of capital at point of death which at the time was £10541 before funeral expenses, debts etc had been paid.

just a general question... why was that letter sent from the DWP.. is this the usual procedure after someone on benefits has died ?

dmg24

nellykim wrote: »

just a general question... why was that letter sent from the DWP.. is this the usual procedure after someone on benefits has died ?

Yes, it is.

evie-mays-mum

Another post attacked my the nasty squad.
obviously the old boy who fought for queen and country was a benefit swindling fraudster and bred his son to be the same
OP i would not bother to defend yourself or your father,it wont change some peoples opinions....take the advice given by the decent posters who actualy try to help and run!

nellykim

Dear linnyhinny.. Ignore the ' carpers'

Please let us know how you get on in this matter ?

Dandyagg

Yes, I would also be interested in the outcome of any appeal that happened.