Direct payments and client contribution after death.

Kingfisher79

Hi,
I'm hoping someone can give me a bit of advice.
My mum passed away in May 2018. She was in receipt of Direct Payments for her care. At the time of her death, we immediately informed Bradford council of the fact she had passed away, specifically the council tax department and the Direct Payments department. Within a couple of weeks we were asked to refund a direct debit for Direct Payments that had be received after mum's death, which we did. As far as we were concerned at this point, all issues relating to Direct Payments were settled.
Fast forward 6 Months to November 2018, and Bradford Council sent an invoice to my mum's vacant property, addresed simply to the executors of the estate (despite them having my details back in May) demanding payment of £205 for arreas in client contribution. The invoice didn't come to my attention until February 2019 when I received a phone call from the council asking for payment (I live in a different city and do not regularly return to my mum's vacant house).
Bradford Council claim the invoice is a result of an audit carried out on my mum's Direct Payments account in November and a shortfall of client contribution was discovered (despite my mum paying them by direct debit)
I suppose my question is, as they were informed in May 2018 of mum's death, do I legally still have to pay a debt that they haven't requested until 6 months later, and if so, Surely I would only be responsible if they can prove the shortfall happened before the time of death?

Linton

Are Direct Payments client contributions made in arrears and so one was missed when Mums bank account was closed?


Whether the shortfall happened before or after death doesnt matter - in both cases it is Mum's estate's responsibility, not yours personally.

D_M_E

How much was the refund you sent them after the account was closed, was it by any chance £205?

Did you point this out to them and ask why they are trying to recover what has already been returned, thus getting double payment should the estate pay again?

Kingfisher79

I'm not sure if it's paid in arrears, it's taken me until just today to actually find out what it's for and they are now supposed to be sending me a transaction report. Apparently the previous refund we gave them was for the council's contribution to her care (and was a different amount). This is now for mums contribution to her care?

getmore4less

Wait for the numbers on the audit/transaction report then compare against the documents that decided the client contributions and the records of what was paid.

Keep_pedalling

Debts do not become time barred until 6 years are up.

I’m quite surprised they were paying at all considering she owned an empty house.

Kingfisher79

@keeppedalling
She lived in the home until her death and required a lot of medical care. It has only been vacant since her death.

Robin9

Presumably KP the lady was living in the house, rather than in a home, at the time of her death.

My MIL was living in her own house and she was in receipt of a full Care Package paid by Social Services - the value of the property didn't some into the financial assessment only the £ in the bank

Keep_pedalling

Kingfisher79 wrote: »

@keeppedalling
She lived in the home until her death and required a lot of medical care. It has only been vacant since her death.

Sorry, i should not have assumed residential care.