DWP Claim and Estate distribution - advice please.

Shelldean

I guess with probate and estate it must be different to when they claim back say a crisis loan, as if the person is still living then there is possibly a detachment of earnings or sanctions on future benefits.as.way of recouping the alleged debt.

In our case we know benefits were.claimed that they weren't.entitled to, we don't doubt there is something.to pay back. The one million dollar question is how much?

konark

He's done well to claim pension credit from 1993-2003, it wasn't introduced until 2003!

Yes, our stupid government recently gave the DWP new powers to take money off people if they think they owe them money. It can be from 20 years ago and they don't have to prove it to a court, which makes them a law unto themselves. Hence the recent spate of 'DWP say I owe them money from ages ago' cases on the forums. They can take money from benefits (including pension) or from your wages if you don't claim benefits. Whether they can take it from deceased estates is another matter as the thing they use is called a 'direct earnings attachment' and the money is taken weekly or monthly. But deceeased estates are not earnings, so they may not be able to use this, they may have to go to court.

But DWP obviously do trawl the probate returns looking for people who at death were claiming means-tested benefits but whose estates are substantial.
Usually iti nvolves a recently claimed benefit though. Other than property, how on earth could they prove your relative had assets 20 years ago just because he had them at death last year. It would be impossible to get 20 year -old bank statements

g6jns_2

konark wrote: »

He's done well to claim pension credit from 1993-2003, it wasn't introduced until 2003!

Yes, our stupid government recently gave the DWP new powers to take money off people if they think they owe them money. It can be from 20 years ago and they don't have to prove it to a court, which makes them a law unto themselves. Hence the recent spate of 'DWP say I owe them money from ages ago' cases on the forums. They can take money from benefits (including pension) or from your wages if you don't claim benefits. Whether they can take it from deceased estates is another matter as the thing they use is called a 'direct earnings attachment' and the money is taken weekly or monthly. But deceeased estates are not earnings, so they may not be able to use this, they may have to go to court.

But DWP obviously do trawl the probate returns looking for people who at death were claiming means-tested benefits but whose estates are substantial.
Usually iti nvolves a recently claimed benefit though. Other than property, how on earth could they prove your relative had assets 20 years ago just because he had them at death last year. It would be impossible to get 20 year -old bank statements

Please can you quote the regulation that gives the DWP these powers? Like any other legislation it can be challenged in court.

Shelldean

I don't believe they trawl looking for substantial estates.

I believe and I may well be wrong, that DWP are sent all estates that go to probate. And if the figures on probate do not match the figures.on a claim, then alarm bells ring at DWP. And the investigation begins.
I know our figures wouldnt have matched.


But as I said I may well be wrong.

Weary_soul

g6jns wrote: »

I spoke to my tame QC this evening. He told me the DWP have no powers to collect after six years. He also told me that the DWP do not have a right of offset against executors or beneficiaries. However, he also stated that they do use some very dubious tactics to retrieve money they are not entitled to. I suggest the OP seeks specialised legal advice rather from a high street solicitor.

Sadly I think you'll find he's wrong. There are multiple cases out there were the DWP have chased executors for sums owed.

They may not be able to take anyone to court after six years, but they can reclaim in other ways, such as deductions for a persons pension, etc.

Mojisola

Shelldean wrote: »

I believe and I may well be wrong, that DWP are sent all estates that go to probate. And if the figures on probate do not match the figures.on a claim, then alarm bells ring at DWP. And the investigation begins.

There is a whole department dealing with this.

My Dad's estate showed the value of his house which made it look as if he hadn't been entitled the means tested benefits he'd been claiming so we had to prove his entitlement all over again.

Shelldean

Mojisola wrote: »

There is a whole department dealing with this.

My Dad's estate showed the value of his house which made it look as if he hadn't been entitled the means tested benefits he'd been claiming so we had to prove his entitlement all over again.

Do you mean a whole probate dept or a whole dwp one?

I'm well acquainted with debt recovery of estates at dwp

G6JNS

Weary_soul wrote: »

Sadly I think you'll find he's wrong. There are multiple cases out there were the DWP have chased executors for sums owed.

They may not be able to take anyone to court after six years, but they can reclaim in other ways, such as deductions for a persons pension, etc.

That was the exact point he made. Without a court order the DWP have no legal right of set off particularly against an executor. If they do they can be sued to return it. The problem is that people are brow beaten into accepting it.

Weary_soul

But in this case six years have not elapsed. The executers have to pay off all debts to any creditors and thats what the DWP will be If it turns out there is an overpayment.

If they don't there will a whole lot of trouble ahead I'm afraid as apparently the debt recovery dept are a very hardened bunch and can be very unpleasant if messed with.

Mojisola

Shelldean wrote: »

Do you mean a whole probate dept or a whole dwp one?

I'm well acquainted with debt recovery of estates at dwp

The DWP...........