DWP Claims Estate of Mother

Nighthawkx15

This has been touched on before, but all cases are different
Mum died on the 22nd of June 2013 and her will placed me as executor with her firm of solicitors. Her solicitors provided a letter of renunciation; making me the sole executor and I received probate on the 5th of August 2013. The DWP sent a letter before probate advising benefits had been paid after her death. Now another standard letter has arrived, with a standard asset from to fill in so that they may “examine” if any benefit has been wrongly paid.

She was 81 received a state pension for 21 years, received winter fuel payments for the over 80s, pension credit and for the last six months an attendance allowance.

Her assets were 1. Own home (199950pounds), 2. A bond (30000pounds) 3. an ISA 6000 pounds, 1500 in accounts.

What can they hit me for?

She was a meticulous record keeper

Her Pension Credit was awarded on the basis of the declaration of all her assets and I have the documentation from the DWP that show she declared all her savings
Her winter fuel allowance should be a non means tested benefit
Her Attendance allowance I applied for on the basis that she had stage IV lung cancer and was having trouble sorting out her endless medication and performing basic tasks alone was beyond her, she only had it for 6 months
Her pension?. This is a hard one. She was married twice, and divorced twice, she was a carer for her mother and she may have had a top up from her ex husbands pot, but I cannot trace the allocation basis or know if the pension they gave her I can document as her being entitles to it.

Lucky I am, because she left a lot of paperwork, that she carefully went through and checked

What is the game of the DWP, who know what they gave her and know what she was worth as she declared everything in writing and they confirmed it in writing

What can I expect? Thanks in advance

jacques_chirac

There is no 'game', they simply need to verify that the information they held prior to her passing is the same as that in her estate. They will reclaim any benefits paid for the period after her death, and any overpayments from before (from what you have said this category is unlikely to apply). It really is nothing to worry about, complete the form and they will write to you in due course with a statement for any amount to be repaid.

Nighthawkx15

Thanks Jaques, but somehow I have my doubts it will be so easy and I think the gap will come in her general pension entitlement and it is not easy tracing back her entire working life to analyse her NI payments and her full pension entitlement, on which all credits and other benefits hang. She was clear and transparent, but the DWP are in advantage. They can twist it anyway they like

antrobus

Nighthawkx15 wrote: »

.... Now another standard letter has arrived, with a standard asset from to fill in so that they may “examine” if any benefit has been wrongly paid....

All of which is perfectly .... standard. It's normal for the DWP to make such enquiries, in situations where someone has been in receipt of means-tested benefits.

If, as you say, everything is above aboard, nothing will happen as a result.

Johno100

Nighthawkx15 wrote: »

Thanks Jaques, but somehow I have my doubts it will be so easy and I think the gap will come in her general pension entitlement and it is not easy tracing back her entire working life to analyse her NI payments and her full pension entitlement, on which all credits and other benefits hang. She was clear and transparent, but the DWP are in advantage. They can twist it anyway they like

And why do you think an Administrative Assistant at the DWP on c£15k a year who has a pile of such cases on his/her desk will "twist it anyway they like"?

No doubt they have overpaid a few weeks state pension after death and this is what they will want back. If as you say she was a meticulous record keeper you should be able to identify those post death pension funds going into her bank/building society account without difficulty.

jewelly

No need to be so paranoid op - as already stated by others it sounds as if it is a case of them simply getting back what they automatically paid into her bank account before being notified that she had died. It happens all the time.

Nighthawkx15

I'm grateful for the inputs and will update this thread with the developments
I woul dlike to find information to make my case watertight wrt the orginal pension allocation over 20 years ago. On that hangs all other related benfits. Anyone who can advise how I can get a breakdown of my mothers pension allocation, from whom, with what credits, based on what amount of years self payment, husbands pension, carers allowance, will have helped me very much
All other benefits I can cover with documentation. But I do not trust this organisation

Nighthawkx15

Johno100 wrote: »

And why do you think an Administrative Assistant at the DWP on c£15k a year who has a pile of such cases on his/her desk will "twist it anyway they like"?

No doubt they have overpaid a few weeks state pension after death and this is what they will want back. If as you say she was a meticulous record keeper you should be able to identify those post death pension funds going into her bank/building society account without difficulty.

Becasue I beleive the DWP is an organisation who will "have a go" to obtain something from an estate if they feel there is a chance. I believe they have targets and bonuses for people who can claw something back from the "unorganised and those who can be placed under pressure" I do not beleive the DWP is an organisation that can be trusted

Johno100

Nighthawkx15 wrote: »

Becasue I beleive the DWP is an organisation who will "have a go" to obtain something from an estate if they feel there is a chance. I believe they have targets and bonuses for people who can claw something back from the "unorganised and those who can be placed under pressure" I do not beleive the DWP is an organisation that can be trusted

Mmrr....

jacques_chirac

Nighthawkx15 wrote: »

Becasue I beleive the DWP is an organisation who will "have a go" to obtain something from an estate if they feel there is a chance. I believe they have targets and bonuses for people who can claw something back from the "unorganised and those who can be placed under pressure" I do not beleive the DWP is an organisation that can be trusted

I'm sorry, you are being paranoid. The Recovery from Estates team have no interest in trying to catch out the bereaved.

Torry_Quine

It's a standard letter and you're blowing it out of all proportion.

When my great-aunt died last year I got one exactly the same and it really wasn't a problem. There wasn't even any overpaid pension as her death was registered the next day.

Just relax and allow yourself to concentrate on the important things.