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DWP Claims Estate of Mother

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Comments

  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    edited 28 August 2013 at 11:02PM
    oldboy64 wrote: »
    I've had these letters myself and it is clear that they have no intelligence whatsoever of any wrong doing. I normally write back asking what proof do they have that the estate owes them anything and warning them that if it transpires that there was no such proof and I had incurred the estate in my extra costs, I would be looking to the DWP to reimburse the estate. More often than not they go away.

    :rotfl::rotfl:

    I suggest you advertise your services up and down the country. Because 20 minutes spent googling a few expressions using words like "recovery from estates" and DWP shows the experiences of a whole army of legal experts and organisations like the CAB contradicting how easy you make it sound.

    Incidentally...it's not evidence of wrongdoing. It's evidence that raises the possibility of undeclared assets and probably nine times out of ten it's the house they lived in and it doesn't matter.

    That's my experience of receiving the notices about the estates and making the enquiries of executors. It was my job for a couple of years twice in my time at DSS/DWP.

    I think you might be dangerous to know. You claim an awful lot of experience of dead people.

    Incidentally, recovery of existing overpayments is sometimes waived until death and, of course, funeral payments are recovered from estates too.

    So it's not investigating potential undeclared assets only but also the recovery of previously established recoverable sums.
  • In_a_spin
    In_a_spin Posts: 28 Forumite
    I believe that the DWP can be automatically informed when a death is registered. Our local Registry Office has what they call an 'inform once' system whereby they inform several organisations like the local council, DWP and others (they did read out a list) so you don't have to contact them all individually.

    This is what we did with my Dad and how come we got a letter before probate was granted.

    My Mother in law died awhile ago and we did not get a letter until after probate had been granted, we were told not to distribute the proceeds of any estate until they had calculated any overpayment (there was not much once the funeral had been paid) and then got a letter saying she had been overpaid Attendance Allowance which had to be paid back.
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    edited 29 August 2013 at 9:59AM
    To clarify she got about 25 pounds on pension credit at the end, it rose from 12 in 2005. She went to Age Concern for advice on her pension credit and confirmed all her assets and saving these are all written on her pension credit confirmation statement from the DWP, it is all there, in fact more than she had is there
    Where her pension came from I have no idea. She certainly did not have more than 25 years NI payments, she was married twice and was a carer for her mother. What those calculations are for her pension allocation 21 years ago, I have no idea and no data to check it. And if her pension entitlement was wrong presumably all pension related benefits were wrong too.

    She possibly had it from her late or her ex-husband's NI contributions. Or, she may never have made the 'married women's option' of paying lower NI contributions when she worked. If that was the case, her own NI contributions would have been supported by Home Responsibilities Protection when she was a carer for her mother (this is for those women who stay at home to look after children or an elderly/disabled person). Two options. Doesn't really matter now, does it?

    Don't get toooo paranoid about all this. I'm sorry for the loss of your mother, but you may be worrying too much - worrying about this as a diversion from your grief. I am sorry.

    I loved Mojisola's comment earlier. In relation to what she says, I think Oldboy64 should be careful. He has boasted in other boards here about the top-of-range car he's able to get via Mobility Allowance, on which he pays no road fund tax, his wife (who has only a tiny state pension payment and needs help to get in and out of bed) goes shopping for designer handbags - be very careful! People do resent being told these things, when they themselves are struggling to exist and pay their way.
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    Mojisola wrote: »
    I'm glad the DWP do this. It catches out the people who think they're clever and claim benefits they aren't entitled to.

    My Mum knew a woman who used to boast about how they hid money from the DWP and claimed everything they could. I've never understood why people doing this will often tell all and sundry what they're up to - they seem to think they are being clever.

    They had a good retirement with regular holidays abroad and a holiday home on the coast here. Her face was a picture when my Mum passed on the news that the DWP would investigate after she died and reclaim any overpayments - "Oh, they won't be able to do that! They'll be taking our son's inheritance! That's not fair."

    I had the standard letter when Mum died and repaid the few days' overpayment of pension and AA. If you've complied with the rules, there's nothing to worry about.

    Love it. Couldn't agree more.
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • xylophone
    xylophone Posts: 45,986 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you might be dangerous to know. You claim an awful lot of experience of dead people.

    Mr O tells us https://forums.moneysavingexpert.com/discussion/comment/62961060#Comment_62961060
    I do most of my work in the evening when it is quiet.

    :eek:
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    In_a_spin wrote: »
    I believe that the DWP can be automatically informed when a death is registered. Our local Registry Office has what they call an 'inform once' system whereby they inform several organisations like the local council, DWP and others (they did read out a list) so you don't have to contact them all individually.

    This is what we did with my Dad and how come we got a letter before probate was granted.
    The granting of Probate is a process to enable distribution of the estate.

    The value of the estate is known before the granting of probate and it's the value of an estate that the DWP gets to be informed of when it is above what was declared to them.
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