Dwp recovery of estate

Lolomc

My father passed away 8 months ago and I was appointed through court as executor. (Scotland, confirmation). Was thinking could finally see light at the end of the tunnel and received a letter from dwp estate recovery saying they may have a claim on estate and would get in touch. I have managed to obtain bank statements dating back to 2013, this was as far as bank could provide in anticipation of being asked for them by dwp. My father received dla higher rate and there was a bank account separately this went into which the balance was a few thousand. In the other account by about 2016 he had built up a few thousand which between the two would have taken him over 10000. I noticed around 2016,his pension credit amount reduced from original award in 2006. Dwp say they have no record of aip review for 2011 and 2016 until aip was abolished. Just trying to get my head around everything and obviously if anything due want it repaid. I am trying to deal with this part myself as lawyers have been slow and expensive on rest of estate. Has anyone got any experience with this situation or advice they could give me please. Thanks in advance for any response. 

badmemory

If your father owned a property there may actually be no debt.  At this stage the DWP only know the value of the estate, which may include his home.  His home would not be included in any assessment.  Are you the only beneficiary?  If so you as executor are responsible for the debt and if you move the money to yourself then you are responsible as the beneficiary.

Unless you have so many debts yourself that paying the inheritance into your bank account would completely wipe it out, then it really makes no difference.

If part of the inheritance was a property you could try ringing them & telling them that.  They have been known to say oh okay then we'll move on to someone else (paraphrased obviously).

Whilst I noted that this is in Scotland where some laws of inheritance are different I believe that items referring to DWP are the same.

Lolomc

My father did own a property (with outstanding mortgage) which was included for confirmation itinerary. There will be enough money to pay this off and if any payment to dwp if there has been an overpayment. Pension credit was the only means tested benifet he received. I have found his original award from 2006 till 2011 but no other paperwork from other years but his payment was reduced after 2016 period so not sure if this would take into account for the amount of savings he would have built up. As he would have been entitled to disabled element it is hard to work out exactly. Keeping all crossed it is sorted out soon as hate  the thought of owing money for anything and if he has been overpaid before he died I want it sorted as soon as possible. Thank you for your time. 

badmemory

Please don't let this stress you too much.  If his payment was reduced in 2016 then it is likely that they did a recalculation then so it is very unlikely that he can owe more than the payment from then on.  If you add up how much he was paid since then, the bill for overpayment should be less than that sum (if indeed there is one).  If you are the only beneficiary (sorry but you didn't say) then provided you keep that much on one side, then you will not have a problem.  Just ring DWP & tell them how much of the probate figure was the amount not available before he died.  So net (after mortgage) value of property & any insurances (incl pension ones) not payable until after he died should not be included in his savings before.  This is not YOUR debt. it is the estate's debt.

Lolomc

Thank you. When I got this letter I felt a sense of dread. There is myself and my brother. Looking at this forum from past member post I can see this is quite a common issue. I am making sure any information dwp need will be readily available as soon as they request it. My father was an alcoholic who was always borrowing money so after his death it was a surprise to see that he actually had money in his accounts. Once again thank you for your time. 

badmemory

If a large amount of the probate amount was indeed from the property have the figures in front of you & ring them.  Bite the bullet & get it over with, they are capable of dragging it out for well over a year.