DWP Recovery from Estates

HP_Source

Hazzanet, the situation you face sounds very similar to the one I had to deal with. My mother was in receipt of all the benefits you mention plus attendance allowance. Fortunately she kept every bit of paper sent to her by the DWP and its predecessors which made life easier for me in sorting things out.

From what you say I suspect that your grandfather was given a 5 year assessed income period back in 2006 and that when this was due to expire in 2011 it was changed to an indefinite period without the need for any further assessment. If that is the case then it will be his savings back in 2006 that will be relevant, not his savings at the date of death.

At this stage I suggest you wait to see what the DWP come up with and, whilst you're waiting, read up on assessed income periods. A Google search will produce plenty to keep you occupied.

When you do get a reply if you believe it to be incorrect don't be afraid to challenge the DWP as they frequently get things wrong. You should also be prepared for the DWP to not give a definitive answer at this stage but to ask for information going back to 2006.

One issue you need to be aware of is that pension credit acts as a "gateway" to entitlement to housing benefit and council tax benefit. If it turns out that your grandfather wasn't entitled to pension credit it could well be he wasn't entitled to council tax benefit or housing benefit too.

My travails with the DWP aren't over yet. Although they've admitted there is no overpayment I believe they actually underpaid my mother's pension credit by £500+ and I'm still chasing them for that.

Hazzanet

Just thought I'd update on this.

It appears that the panic is over - had a letter yesterday stating "we confirm that the assets were correctly taken into account and this concludes our enquiry."

Thanks to all that contributed to the thread

madbadrob

Congrats and good luck with moving on now

Rob

HP_Source

Great news.

My travails with the DWP continue, I'm still trying to get the £500+ underpayment of pension credit from them. If it's not received by Tuesday the next step will be to involve my MP.

They really are totally dysfunctional.

lavalamp

Hazzanet wrote: »

Just thought I'd update on this.

It appears that the panic is over - had a letter yesterday stating "we confirm that the assets were correctly taken into account and this concludes our enquiry."

Thanks to all that contributed to the thread

Exactly what our letter said. It's a relief isn't it? Glad it was a good outcome for you.

madbadrob

HP If DWP say they haven't underpaid then having your MP involved wont make a blind bit of a difference. I would contact them by phone and find out what their situation is first and then ask for it to be clarified in writing at least that way you will get the chance to appeal and a paper trail.

HP_Source

Madbadrob, thanks for that.

I am involving my MP because of the DWP's failure to respond to letters and make a decision despite it now being over six months since they were told of my mother's death. There can be no good reason for that, it is simply maladministration and I feel our elected representatives should be fully aware that a government department is failing to provide a remotely acceptable level of service.

I'm not naive and don't expect my complaint to alter anything. On the other hand if we all simply accept the status quo we have no-on but ourselves to blame if things don't improve.

As regards recovery of the outstanding amount from the DWP I have no real concerns, it will just take time.

madbadrob

HP I now understand why you are involving your MP. I went through something with them when I fell out of work. After sitting for 6 hours on a course to obtain a digital tachograph I was told that I was too qualified for the course and they therefore couldnt fund the tacho. I wrote to my MP and within 24 hours of acknowledgement of my letter from my MP I was contacted by phone and told the money was available to collect to send for it.

Rob

HP_Source

The DWP have finally admitted they've made a complete hash of things, have apologised profusely and paid the outstanding amount.

Now I can get on with completing the distribution of the estate.

madbadrob

HP I am glad this is sorted for you

Rob