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Deceased Person: How to Calculate Pension Credit Overpayment?
Comments
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cliffandsue wrote: »How they can justify having those grounds on the basis that in 2014 (11 years after making the claim) she had more in the bank when she died than she disclosed existed in 2003beats me.
Even if she did, it has nothing to do with the DWP as any additional capital acquired during an Assessed Income Period cannot be taken into account.
How would the DWP know that the capital had been accumulated during the AIP unless they ask the executor for an explanation?
It seems the OP's mother had nearly £3k more than she declared when she claimed PC and it's not unknown for far more to emerge when accounts are looked at.0 -
How would the DWP know that the capital had been accumulated during the AIP unless they ask the executor for an explanation?
It seems the OP's mother had nearly £3k more than she declared when she claimed PC and it's not unknown for far more to emerge when accounts are looked at.
I'm not too sure what the capital limits were for 2003/4 - I believe that the lower limit was £6000.
So even with this 'just found pass book' and the amount that was disclosed, it is still below the lower limit. As I said if the DWP have evidence that even more money was not disclosed they should show their hand.
If they don't have any what has it got to do with the DWP where she got the rest from AFTER the award was made and an AIP had been set?
If the executor has done all they can to trace any other monies or missing accounts his/her job is done. Either the DWP have to accept it and walk away or come back with their evidence.
What annoys me is their attempt to go fishing just because the deceased left a lot of money.0 -
Many thanks for the replies to my original question about calculating Pension Credit over payment, due on my late Mother's estate, as in some years of her claim her total savings was between £1,000 and £4,000 over the saving threshold.
I could find no paperwork relating to a Pension Credit claim at my Mother's house. I do not know if there was an Assessed Income Period (AIP). How would I find this information out otherwise? Will the DWP tell me this?
The facts as they stand are that, at the time of her assessment to claim Pension Credit she may not have disclosed an old Abbey savings book with £2,900 in. Whether or not this was done on purpose or not is unknown. The DWP only knew about her Lloyds current account, and her Nationwide savings account of only £300, at the time of assessment. The fact that I put the Abbey savings total on the DWP/Probate form, meant that they want to see statements, as their information when the claim was first made, doesn't match that on the Probate form/DWP enquiry form.
The reason the total savings go over the threshold, in the last few years of her life, is that my mother was not able to go out and spend, spend, spend - so the pension and additional benefits accumulated in the Lloyds current account took her over the savings threshold. Surely this is a mitigating point? I am no lawyer, but if she spent all her money on online bingo, I wouldn't be worrying about this now!!
Can anyone throw any light on what approximately I might have to pay back from the Estate, if anything? (see my first posting with figures).
Can anyone suggest how I should I proceed? Give them the Statements they require from 2009 - to death, then argue mitigating factors i.e. her frugal lifestyle??
To me this just seems like the Government "Robbing the Bank Accounts of the Dead", from a generation that fought for their Country, and paid into the system all their lives!
All replies, greatly appreciated.
thanks0 -
cliffandsue wrote: »As I said if the DWP have evidence that even more money was not disclosed they should show their hand.How would the DWP know that the capital had been accumulated during the AIP unless they ask the executor for an explanation?
As I said, it's perfectly acceptable for the DWP to ask the executors to explain how much money was held at different stages.
I had one of these letters from the DWP after Dad died because his estate included the value of his house. As soon as I explained why he seemed to have more money than he had declared, the matter was settled.0 -
As I said, it's perfectly acceptable for the DWP to ask the executors to explain how much money was held at different stages.
I had one of these letters from the DWP after Dad died because his estate included the value of his house. As soon as I explained why he seemed to have more money than he had declared, the matter was settled.
Not if an AIP was in place BEFORE she started to accumulate extra monies. We are looking at what existed when the claim was made. Then we have to establish what exactly was disclosed when the claim was made and finally when the award was made was an AIP made.
She may well have only disclosed £300 on the claim form and it turns out that she had another £2900 at that time. That puts her below the minimum threshold at the point of claiming whether she disclosed the capital or not. Normally an AIP is then set. If she starts to save her benefit/pension money over the next few years and has capital way over the higher limit matters not a thing.
Effectively (assuming that an AIP was set), all that needs to happen is to prove what existed at the time of making the claim.
Put it bluntly, If it can be shown that the capital (disclosed or not) at the time of claiming was below the lower limit then there can be no overpayment irrespective of what the balance became later on.0 -
cliffandsue wrote: »Not if an AIP was in place BEFORE she started to accumulate extra monies.
But unless the executors explain when and where the money came from, the DWP won't know whether the capital had built up during the AIP or was undeclared previously-owned money!0 -
But unless the executors explain when and where the money came from, the DWP won't know whether the capital had built up during the AIP or was undeclared previously-owned money!
They only have to show (the total capital position) what was disclosed/undisclosed when the pension credit claim was made. Hopefully the total capital balance at that date was below the minimum threshold in which case there can be no overpayment.
Why the DWP want to see bank statements beyond the date that the AIP was set is totally beyond me - it has nothing to do with them.
There would be no need (provided that an AIP was in place) to explain what happened AFTER the AIP was made (how it increased, why it increased how much was the increase)
She could have won £50,000 on the horses for all we know in 2006. That information need not be disclosed to the DWP. It is irrelevant.
Giving the DWP information that is not relevant or is not required to be disclosed only tends to give them more worms for their hook for their fishing expedition.They can ask, but they need not be told.0 -
You do need to prove that any additional money was accrued after the AIP as otherwise they'll think it was in a hidden account. In my experience, when dealing with the loss of a loved one there's enough to cope with, without picking fights with the DWP.0
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The facts as they stand are that, at the time of her assessment to claim Pension Credit she may not have disclosed an old Abbey savings book with £2,900 in.......
After Abbey was acquired by Santander in 2003/2004, hundreds of people 'lost' the savings they had. Missing Accounts...0 -
cliffandsue wrote: »They only have to show (the total capital position) what was disclosed/undisclosed when the pension credit claim was made.....She could have won £50,000 on the horses for all we know in 2006. That information need not be disclosed to the DWP.
An AIP needs to be re-claimed every five years until the claimant reaches age 75 (then it will be for life).
In the case here, the claim had started in 2003 and would have come-up for renewal in 2008 and 2013. The monies gained in 2006 would have had to be declared in the 2008 renewal, resulting in no AIP being granted after the expiration of the 2003 claim.0
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