Pension Credit

bengal-stripe

denn41 wrote: »

Yes he was over 75 he had a 5 year one ending in oct 2016 I have one ending this year ending in oct 2017

Assessed Income Periods ended in April 2016. No new AIPs were granted after that date. Your friend had an AIP granted in Oct 2011 (when he must have been under 75) which ended 5 years later.

Without that change in the law, he would have been assessed for a new period and had he qualified (not sure if he had qualified with 45k in savings) he would have been granted an indefinite period as he was over 75 at that time. As his AIP did expire after April 2016, it was not renewed. Prior to his AIP expiring, he would have been asked for a statement of his financial situation. If he did claim to have less capital than he actually had, he might have received too much Pension Credit and other benefits.

If that was the case, the DWP will want the overpaid monies back from his estate.

denn41

Yes every body was told of my friends death the day he died dept of works and pensions they know.Probate has been done I over estimated because you don't know how much they have in banks till you collect their funds.Im having problems with this the dept of pensions they want the amount you put on the probate form.My question was as he had been on a aip up till oct 2016 and he is 76 years old, their website says there is no time limit but I have my doubts. Nothing was owing on housing benefit and council tax they said there is nothing to pay.

bengal-stripe

denn41 wrote: »

My question was as he had been on a aip up till oct 2016 and he is 76 years old does aip carry on till your 80 I have looked at there website and it says it does but I have my doubts

It is my understanding, the AIP that expired in Oct 2016 needed to be renewed. That new AIP, as he was over 75 at the time, would have carried-on until his death without the need for further renewals. Had he held an indefinite AIP prior to April 2016 that would have lasted until the end of his life. As new or renewed AIPs were not granted after April it had expired.

AIP granted before April 2016 will carry beyond that date. 5 year AIPs will get terminated early, indefinite ones will go to the end of the recipients life.

https://www.nidirect.gov.uk/articles/changes-assessed-income-periods

Jenniefour

Do you think there might be some benefits money to pay back because you friend may have had more savings than DWP knew about when he was alive? And they found out because they checked the published will? And you're trying to check whether any such overpayment should be paid back? Hope I'm understanding correctly.

denn41

Yes and no he had aip up till oct 2016 so for that 5years he wouldn't need to tell the dept of works and pensions anything but after oct 2016 he may have to pay some back because he had cancer and could not move out of bed and under morphine I dont think he would worry about that as he knew he was going to die which he did in aprill this year I am doing his estate its me who is asking the question.The problem I have with all of this is they take so long in asking for it back and are very rude as long as there are funds for them why do they make it hard for people and most of them don't know what the other half are doing.They know how much money he has then I get a letter yesterday asking me why have I put zero funds on probate form see what I am up again see what I am up against morons thanks for reading this

teddysmum

Jenniefour wrote: »

Providing state pension was paid monthly, because they are paid in arrears. Weekly are paid in advance, and it's usual for a small overpayment to have been made. I notified DWP by phone the day after my mother died which was a couple of days before the next payment would have landed in her account - it had already started going through from their side and couldn't be stopped.

I think he was most likely to be on weekly payments, as when I reached 60, in 2009, I was paid weekly, but when my husband reached 65, in 2013, he was paid monthly, with no option for weekly.

denn41

Its pension credit we are talking about not pensions

Jenniefour

denn41 wrote: »

Yes and no he had aip up till oct 2016 so for that 5years he wouldn't need to tell the dept of works and pensions anything but after oct 2016 he may have to pay some back because he had cancer and could not move out of bed and under morphine I dont think he would worry about that as he knew he was going to die which he did in aprill this year I am doing his estate its me who is asking the question.The problem I have with all of this is they take so long in asking for it back and are very rude as long as there are funds for them why do they make it hard for people and most of them don't know what the other half are doing.They know how much money he has then I get a letter yesterday asking me why have I put zero funds on probate form see what I am up again see what I am up against morons thanks for reading this

Yes, I think I see what you are saying and do correct me if I'm wrong. Unfortunately, it does seem to take them a while to sort things out.

I think they are attempting to check with you that what is on the probate form is accurate, because if it were there wouldn't be any money to repay any possible overpayment in any case.

However, it sounds as though the £45,000 came to light after you had already filled in the forms for probate and got the grant of probate. So you entered 0 on the probate form because you didn't know about the £45,000 then.

If that's the case then write to them and tell them exactly that - at the time you filled in the form you didn't know about this money. Then they can work out the exact amount overpaid. Be prepared to wait for a few weeks to find out what the overpayment is, it does take them time.

It will also be helpful to call the probate office and let them know about the £45,000. The probate office will let you know whether you need to do anything else.

Sounds like you're doing a good job on getting everything sorted out. These things can be complicated.

Hope that helps.

denn41

Can you explain want mean my friend was getting pension credit when he died I told the dept and pensions they are looking into it in case he owes them money

denn41

You started off ok but you don't seem to get what I said dept of works and pensions knew there was £45.000 they made the error when they wrote the letter to me which they should not have done .The probate form was done correctly I am nowwaiting for them to reply to my letter and say they made a mistake and say sorry