DWP, Pension Credit and Assessed Periods

sammy1234567

Hello all.
My mother died in May 2015. She had been claiming Pension Credit since 2003 until she passed. At the time of the initial claim she had v little in savings and was dependent on her state pension and pension credit, with no other income.


DWP wrote to me recently saying that the information mum gave them in 2003 and 2008 doesn't match what I've told them was in her her bank account when she passed away, and because of this they believe mum was paid too much benefit, and they ask for bank statements and financial info from 2003 and 2008 - and in fact at those dates she didn't have much savings. It was only in 2010 that her savings sky-rocketed due to her house sale. I have until mid March 2016 to reply so I am gathering statements.

Thanks.

Keep_pedalling

Your mum was over 75 when she her last AIP occurred which means it was an indefinite one, and unless she went into a care home after she sold her house, then she did not need to notify DWP of the change.

Sounds like you have the proof of her low savings at the time she applied for PC and her bank statement should support your explanation of where all her savings came from.

The result should be that there is nothing to pay back, but challenge it if that is not the case.

Mojisola

sammy1234567 wrote: »

My mother died in May 2015. She had been claiming Pension Credit since 2003 until she passed.

DWP wrote to me recently saying that the information mum gave them in 2003 and 2008 doesn't match what I've told them was in her her bank account when she passed away, and because of this they believe mum was paid too much benefit, and they ask for bank statements and financial info from 2003 and 2008 - and in fact at those dates she didn't have much savings. It was only in 2010 that her savings sky-rocketed due to her house sale. I have until mid March 2016 to reply so I am gathering statements.

The DWP sends out this letter when any estate looks as if the deceased had more money than was declared when claiming the benefits.

Don't worry about it - just get the information they ask for and explain about the capital released from the house sale.

sammy1234567

Thanks for reading and responding.

konark

they ask for bank statements and financial info from 2003 and 2008

Good luck with that!

securityguy

konark wrote: »

Good luck with that!

Indeed. A perfectly reasonable response is "I do not have that information". No-one other than obsessives keeps bank statements for fourteen years, and banks usually don't keep that information for longer than seven years. If I found my bank was keeping data for twice as long as the usual period, I'd be tempted to put a DPA shot over their bows citing principle 5 "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes." asking what legitimate purpose they had for retaining it beyond the Inland Revenue cut-off.

sammy1234567

Thank you Konark and Securityguy for replying.

Luckily, Mum was v bad at disposing of paperwork, perhaps because she was ill. So I've got a few bank statements and building society pass books from 2003 and 2008. I used to clean Mum's house and threw out a lot of things, wish I'd known to keep more, but I wasn't aware of mum's benefits status, or that later on I'd have to deal with DWP. Anyway I think I have enough info.
Barclays told me they don't keep info for more than 6 years. I've already asked them because I had to go through the bank statements for IHT reasons (to identify any gifts).
The info the DWP sent me says, 'if you don't have the bank statements for 2003 and 2008, send us the nearest possible date and we will use that to reconstruct the claimant's financial circumstances. This may be disadvantageous to the estate.' Rather unimpressed with DWP - seems unfair - what if I only had info from 2010? the estate would be disadvantaged, I guess.

Yorkshireman99

sammy1234567 wrote: »

Thank you Konark and Securityguy for replying.

Luckily, Mum was v bad at disposing of paperwork, perhaps because she was ill. So I've got a few bank statements and building society pass books from 2003 and 2008. I used to clean Mum's house and threw out a lot of things, wish I'd known to keep more, but I wasn't aware of mum's benefits status, or that later on I'd have to deal with DWP. Anyway I think I have enough info.
Barclays told me they don't keep info for more than 6 years. I've already asked them because I had to go through the bank statements for IHT reasons (to identify any gifts).
The info the DWP sent me says, 'if you don't have the bank statements for 2003 and 2008, send us the nearest possible date and we will use that to reconstruct the claimant's financial circumstances. This may be disadvantageous to the estate.' Rather unimpressed with DWP - seems unfair - what if I only had info from 2010? the estate would be disadvantaged, I guess.

AIUI the DWP cannot recover anything prior to six years ago. Be very careful not to acknowledge any earlier claim they may try to make.

sammy1234567

National Debt Line advice web page suggest the 6 years runs from the time the DWP realise there was an OP. I can't post the link as I'm a new user and can't spam.

Yorkshireman99

I have heard this but am not sure if it is correct. Normally the time starts running from when the debt was incurred. I would like to see some evidence of court cases in the Court of Appeal where this has been decided.

Keep_pedalling

Yorkshireman99 wrote: »

I have heard this but am not sure if it is correct. Normally the time starts running from when the debt was incurred. I would like to see some evidence of court cases in the Court of Appeal where this has been decided.

Section 32 of the Limititations Act 1980, covers fraud, concealment and mistake which basically says that limitation clock starts ticking from the time of discovery not when a fraud or concealment occurred. If someone has falsely claimed PC by failing to declare assets then it would seem the DWP can go back as far as they like.

http://www.legislation.gov.uk/ukpga/1980/58

In this case though having those old statements should hopefully clear thing up reasonably quickly.