Funeral Payment from the Social Fund

Pollycat

Hope somebody can advise me on this.

My Dad recently died, leaving my Mum as widow.

She had been, for a brief period whilst Dad was in a care home, been entitled to guarantee pension credit, housing benefit and council tax benefit.
This has now all stopped as DWP have reassesed her state pension (she's inherited some of Dad's pension) and her income is too high to qualify - and that's before they take her savings into account.

All OK so far.

A friend of mine (who works for DWP) has told me that Mum should apply for a funeral payment.
I looked into this a while ago on the DirectGov website and concluded that even if the payment was made, it would have to be paid back.

I've said it's not worth it - as I've already settled the funeral director's bill until Mum gets access to their joint savings (in a fixed term bond) - as it will have to be paid back.

This friend is insisting that it won't have to be paid back at all as all their money was in joint names.

This just doesn't make sense to me.

I can't see DWP paying (and not asking for the money back) in the circumstances that Mum is in.
But, regardless of how many times I go back to her, she's insistent that she's right.

If Mum is entitled (note this word, I'm not talking about claiming anything she's not entitled to or considering benefit fraud) to claim this money and keep it, then I'm happy to complete the form (all 25 pages of it).

But, as I've already said, I can't see the point if they do pay her but ask for it back or refuse the claim outright.

Am I missing something here?
My logic (and research) tells me I'm right but when confronted by someone who works in the appropriate dept of the DWP who is telling me I'm wrong, I can't help feeling confused.


Thanks

Lady_gaga

Savings do not effect funeral payments, and the claim must be made within 3 months of the funeral. But...


Repayment of the Funeral Payment

If you get a Funeral Payment, it will have to be paid back from any estate of the person who died. The estate means any money, property and other things that the deceased person owned. A house or personal things that are left to a widow, widower or surviving civil partner will not be counted as part of the estate.

raven83

AFAIK your friend is right as my mum applied for one when my dad died and she had saving etc but this was nearly 9 years ago.

Mojisola

Pollycat wrote: »

I've said it's not worth it - as I've already settled the funeral director's bill until Mum gets access to their joint savings (in a fixed term bond) - as it will have to be paid back.

How did you pay - give the money to your Mum and she paid the bill or directly from your account? As I understand it, if another close relative is able to pay for the funeral, the grant will be denied.

Pollycat

Mojisola wrote: »

How did you pay - give the money to your Mum and she paid the bill or directly from your account? As I understand it, if another close relative is able to pay for the funeral, the grant will be denied.

Hi Mojisola
I asked for the bill to be sent directly to me to avoid any more distress for Mum.

I had a current account in my name that was set up specifically to receive DWP payments due to my Dad when I was made appointee so that I could pay the care home fees.

I wrote the cheque from that account with the understanding that when Mum has access to their joint savings she would pay me back.

Pollycat

Lady_gaga wrote: »

Savings do not effect funeral payments, and the claim must be made within 3 months of the funeral. But...


Repayment of the Funeral Payment

If you get a Funeral Payment, it will have to be paid back from any estate of the person who died. The estate means any money, property and other things that the deceased person owned. A house or personal things that are left to a widow, widower or surviving civil partner will not be counted as part of the estate.

All accounts (current & savings) were in joint names with my Mum.

Dad owned no property, either in his sole name or jointly with anyone else.

I think where I'm confused is what exactly constitutes Dad's "estate".

Is it half of the current and savings account or is it £0 because he had nothing in his sole name?

meg72

I can well understand your confusion as had similar problems when my Dad died.

Lady from the Pensions visited and convinced my Mum she was entitled to this despite my telling her she would have to pay it back as Dad had insurance and also half the money in joint accounts was his.

Anyway she claimed, received payment, and was very upset and confused when she had to pay it back.

It is also my understanding that if a close relative can pay for the funeral then a payment is denied.

Lady_gaga

OP, I think if your Mum isn't getting pension credit then she won't be entitled to claim the funeral payment

You can only get help towards the cost of a funeral if l [FONT=FS Me,FS Me][FONT=FS Me,FS Me]you or your partner are getting one of the following [/FONT][/FONT]qualifying benefits or entitlements[FONT=FS Me,FS Me][FONT=FS Me,FS Me]: – Income Support – income-based Jobseeker’s Allowance – income-related Employment and Support Allowance – Pension Credit – Housing Benefit – Council Tax Benefit – Working Tax Credit which includes a disability or severe disability element. – Child Tax Credit at a rate higher than the family element. From April 2010 to April 2011 this means a Child Tax Credit rate of £548 a year or more. These figures are for a whole year and will be less for part-years, [/FONT][/FONT]or l [FONT=FS Me,FS Me][FONT=FS Me,FS Me]the council tax payer where you live gets a Second Adult Rebate because you are on Income Support, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Pension Credit or have a low income.
[/FONT][/FONT]

Pollycat

Thanks, Lady_gaga

I did see that bit on the 'Notes'.

My friend is aware of Mum's financial situation (i.e that she has reasonable savings and is no longer entitled to PC/HB & CHB) but she still insists she would get this payment and not have to pay it back. :wall:

The last thing I'd want is for her to be in the same position as meg72's mum.

AsknAnswer2

Proper joint accouts where all monies are pooled are disregarded. Accounts that are joint for the purposes of administration only, but where the money belongs solely to the person who has died, are not disregarded.

She must be receiving a qualifying benefit at the time she submits the claim otherwise the very first condition of entitlement is not met and the claim will fail.

The law

The DM guide

If you have any more questions - ask away.

escortg3

can i ask what age was dad when he passed. Just wandering whether this is being confused foe the bereavement payment.

this is paid to wife or husband if under state pension age when they died. This you dont pay back