dwp potential claim letter.

Keep_pedalling

BEAT_THE_DEBT wrote: »

Don't social service check viable assets apart from savings accounts?

Pension credit is nothing to do with SS, but when you apply for it via DWP they rely on the applicant providing an accurate financial declaration. It is the same with SS for care assessment, if I have a box of gold bars hidden in my wardrobe they have no way of knowing unless I declare it.

I don't think you have anything to worry about as far as reclaiming PC is concerned, but I would be concerned about legal costs using up a large portion of a small estate.

troubleinparadise

Keep_pedalling wrote: »

If there is no house involved, and just a small estate, I am supprized that there are solicitors involved or that probate is actually required. Have the solicitors actually included the bond and insurance policies as part of the estate valuation?

Mind you, I discovered some years after my father died that my mother had paid a bill of around £4K to a firm of solicitors for selling some shares of my father's, and other simple administrative matters, and a new will for herself, which was identical to the mirror wills they had previously, but obviously was a fresh one replacing the beneficiaries, but no other major changes.

I rather suspect she was caught as a newly bereaved widow, worried about how to sort things out. All too easy, unfortunately.

poppystar

troubleinparadise wrote: »

Mind you, I discovered some years after my father died that my mother had paid a bill of around £4K to a firm of solicitors for selling some shares of my father's, and other simple administrative matters, and a new will for herself, which was identical to the mirror wills they had previously, but obviously was a fresh one replacing the beneficiaries, but no other major changes.

I rather suspect she was caught as a newly bereaved widow, worried about how to sort things out. All too easy, unfortunately.

The making if a new will despite an existing mirror will that would seem to suffice is becoming increasingly common I think. I know of other (all elderly) spouses who have been told by solicitors to do this and from the one I have seen personally there is no change to what would have happened under the mirror will.

I may be missing something and would be interested to hear other opinions but it seems to me the only additional benefit of doing this is more income for the solicitor!?

Shelldean

All that has probably happened is when he claimedPC, he gave his savings details. Some people (can't recently the criteria) are allowed protected savings. This means they declared their savings accurately but because of the protection their savings can increase w/o them having to inform DWP.
So when they die their savings amount differs to the original figures.

When probate is applied for all the documents become public. And DWP just see the figure of savings used for probate is different to the one they hold. So they query it.

Be warned they may well ask for bank statements, and they ask for dates you can't always obtain. Just obtain the ones you can and send them off as requested.

But the cogs at DWP turn slowly, very slowly.

BEAT_THE_DEBT

Hi thanks for all your replies. He also had housing benefit is this under dwp? Also is several months they quote as being in a queue like 6 months? Also what about lost interest i assume it's not making any at the moment?
Thanks BTD

Keep_pedalling

Housing benefit is paid by the LA so would stop when they started funding his residential care, so there is very little chance there will be any comeback on that front.

Your father's position sounds very like my mother's. She is now in care and only has a few thousand in savings. When she goes, I will be able to wind up her estate without the need to apply for probate as her savings are well under the amount the bank will pay out without a grant of probate.

Shelldean

Our overpayment with DWP took almost a yr!!!

BEAT_THE_DEBT

Thanks all looks like i'm in for a long ride then. I did read of a case of a lawyer who sued them for taking more than the 3 months they should they took a year!!

Pollycat

Did any of the letters your Dad received about his PC entitlement mention an 'Assessed Income Period' (AIP)?

My Mum & Dad had a joint pension credit claim and it had a AIP.
When they sold their house and moved into a warden-controlled council flat, the first thing we did was ring DWP to tell them about their change in savings.
The guy told me that as they had a AIP any upward change in their savings did not effect their entitlement to PC.
He even said 'even if they win the lottery......'

BEAT_THE_DEBT

Hi Pollycat i don't know but the social services lady did it and he gave her bank statements and she said policies such as scottish widows didn't count all they wanted was hands on now cash so to speak. I am really hoping that it's just the pension credit element they are concerned with and not the housing benefit, The pension credit was only i think £9 per week does that sound right? It wasn't a high amount. Poor man didn't even want it, it was s services who did it for him he hated change and fuss and forms God bless him.
I am going to solicitor tom but i guess they know as much as me?/
Thanks all i really really appreciate your comments.