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DWP and Grandmothers will

Is there a set time limit that the DWP have to claim on an estate - my grandmothers will has gone through probate and we have been advised by the solicitors that the DWP are looking to see if anything is to be paid back to them - apparently this could take weeks - but unless they are investigating (which i doubt as my Gran would have claimed extra benefits) they must have a time limit - it cant be open ended and if they are investigating further the solicitors should surely be advised

Comments

  • beecher2
    beecher2 Posts: 3,677 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 11 August 2013 at 12:46PM
    Do a search for 'recovery from estates' - I'm afraid it can take a very long time and they don't have to work towards the deadlines others do
  • There is no set time limit. The length of time it takes will depend on their overall workload not just your late gran's situation. But if she only got state pension and no income related benefits (e.g. pension credit) it should be pretty straightforward.

    If they are investigating payment of an income related benefit then you will very likely know as they will ask for bank statements etc.
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    It depends what you mean by investigating.

    If someone dies and the estate is valued at an amount that would not make a difference to any means tested benefits, then there is no investigation.

    If the estate is valued at a level that could have made a difference, most times this is because of the value of the home they lived in - and that's ignored for benefit purposes - or because of an insurance payout, which also doesn't count, then such an investigation - more of an enquiry - is brief.

    If there is some other asset that was under declared or not declared then there's a potential overpayment going back a long time, possibly requiring lengthy calculations.
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