Deceased mother didn't declare all her savings!

anmarj

allen35 wrote: »

If your mum was aged 65 and over she may well have been entitled to Pension Credit Savings, once again do ask the question if entitlement to any PC savings can be reduced from the PC guarantee overpayment, it's called notional offsetting where one benefit is paid and an overpayment occurs where another benefit entitlement wasn't received, it's a possibility and an arguement.

I am not going to get into the ins and outs of the situation but would like to point out, savings credit is a part of Pension credit and it would be awarded automactically as long as there was enough qualifing income for it to be trigged it does not need to be off set against anything,the op mum may of had both elements in payment when she recevied pension credit.

also life insurance if it is linked to life then it is disregarded as captial

Beltup

We have unearthed a letter from 2009 sent from Pension Credit to mum that says she had come to end of her assessment period and therefore did not have to let them know if her circumstances had changed, she was only to let them know if she needed more money?

What format would this assessment take?

It seems odd that a change in circumstances should not need to be advised?

Oldernotwiser

sunnyone wrote: »

It depends what drink and drugs andy had before he posted that onw;)

Oh good, I thought it was just me who'd spotted him!

bengal-stripe

Beltup wrote: »

We have unearthed a letter from 2009 sent from Pension Credit to mum that says she had come to end of her assessment period and therefore did not have to let them know if her circumstances had changed, she was only to let them know if she needed more money?

It would have been an "Assessed Income Period". People over 65 get assessed every 5 years (until the age of 80, thereafter no longer).
Within that period, your savings are allowed to exceed the limit without deductions (even if you were win the lottery), but you have to declare it when your period has come to an end and gets newly assessed.

http://www.dwp.gov.uk/docs/dmgch83.pdf

So in 2009 (at the age of 80, I presume) your mother had been recently re-assessed. She would have had to declare that her circumstances hadn’t changed. If you can prove, at that time your mother’s savings were below the threshold (which was raised from 6k to 10k in late 2009), then you have nothing to worry about.

If the assessment was based on wrong information (be it given deliberately or erroneously) the 2009 assessment is not valid.

elektra

bengal-stripe wrote: »

It would have been an "Assessed Income Period". People over 65 get assessed every 5 years (until the age of 80, thereafter no longer).
Within that period, your savings are allowed to exceed the limit without deductions (even if you were win the lottery), but you have to declare it when your period has come to an end and gets newly assessed.

http://www.dwp.gov.uk/docs/dmgch83.pdf

So in 2009 (at the age of 80, I presume) your mother had been recently re-assessed. She would have had to declare that her circumstances hadn’t changed. If you can prove, at that time your mother’s savings were below the threshold (which was raised from 6k to 10k in late 2009), then you have nothing to worry about.

If the assessment was based on wrong information (be it given deliberately or erroneously) the 2009 assessment is not valid.

I agree about the 5 year assessment period and that you don't have to inform them about increased savings during this period.

Just been re-assessed and it is not just a matter of ticking a box saying circumstances not changed, you have to supply them all the details of all your savings accounts, shares etc with recent statements.

CDGR_2

If you had a solicitor handling your mothers estate and dealing with the probate etc. Then surely he/she should be held responsible for not sorting it out in the correct way. I'm in Scotland, and lost my mother in January this year aged 93 without leaving a will. At first my brother and I were going to deal with the estate through the Scottish Sheriff Courts, but found it all too complicated. We got a solicitor (in Scotland debtors have 6 month to lodge a claim against an estate, includin the DWP). My mothers total estate is about £18,500 and the DWP are making a claim for over payment of pension credits. The reason my mother managed to accumulate so much is because, just like the majority of people her age was very careful with her money and yes, she got by on a meagre existence. So I am very offended by any remarks on this forum suggesting that our mothers were anything other than completely honest. The DWP are talking about claiming back money that they should have known about while she was alive, instead of putting needless stress on people still grieving. As a matter of interest by the way; The Inland revenue, Councils and the DWP all have access to the same computer database and the Inland revenue notify the DWP of bank accounts, so the DWP, if they would get off their backsides should know about any finances long before a person dies

seven-day-weekend

Beltup wrote: »

She lived a meagre existence and family helped where they could or were allowed to.:(

What do you say when your mothers wearing 3 jumpers to keep warm and hasn't spent her winter fuel payment as she wants to leave some money for her grandkids?

TBH, I'd say she was being a bit stupid and the 'meagre existence' was of her own making if she wouldn't spend money she had got. I'm not saying she would not have the right to make that choice, but then it is not anyone else's fault if she has a poor quality of life.

poppasmurf_bewdley

My 87 year old Mum died last November, and she once rang me in tears because she's found out that she was £5 over her (then) £6000 maximum savings. She was frightened to death that the DWP would come knocking on her door and cart her off to prison.

I had power of attorney for her, and rang DWP on her behalf. They explained that as she was on Pension Credit and Incapacity Benefit she only needed to report any change in her savings every five years, and that she had had a letter to this effect.

When I went to see her I found the letter and showed her and she was mighty relieved.

Could this apply to your mother? Check that your mother didn't have a similar letter in her home (if you still have her post).

CDGR_2

poppasmurf_bewdley wrote: »

My 87 year old Mum died last November, and she once rang me in tears because she's found out that she was £5 over her (then) £6000 maximum savings. She was frightened to death that the DWP would come knocking on her door and cart her off to prison.

I had power of attorney for her, and rang DWP on her behalf. They explained that as she was on Pension Credit and Incapacity Benefit she only needed to report any change in her savings every five years, and that she had had a letter to this effect.

When I went to see her I found the letter and showed her and she was mighty relieved.

Could this apply to your mother? Check that your mother didn't have a similar letter in her home (if you still have her post).

Well if you do google search for "BBC watchdog DWP" you will get an eye opener to just how bad the DWP behave toward the elderly and genuinely ill. It's absolutely disgusting!

CDGR_2

seven-day-weekend wrote: »

tbh, i'd say she was being a bit stupid and the 'meagre existence' was of her own making if she wouldn't spend money she had got. I'm not saying she would not have the right to make that choice, but then it is not anyone else's fault if she has a poor quality of life.

how dare you refer to any elderly person as being stupid! I assume you have taken appropriate measures to ensure your well being in old age, or are you typical of the younger generation with a live now to hell with tomorrow attitude!