Funeral Expense Repayment

HillStreetBlues

Rubyroobs said:

Matty007 said:

Thank you for taking time to reply, my mum is on Pension Credit and is and will continue to live at the house on her own, I've had three calls with DWP, firstly they demanded that I as the executor was liable to pay personally (not from my dads estate) and then she said we had sold the house, we hadn't, later investigation showed that they must entered the address on 'rightmove' and found a house of a similar address had been sold 18 years ago, it had't, it was the wrong address and postcode, I sent a letter to confirm, then secondly a DWP operative agreed my mum wasn't liable to pay anything back and asked me to send a letter clarifying our position and thirdly today an DWP operative said that based the DWP position that if I had gone to probate (which I had) then mum is liable and if she hadn't then we weren't and asked again for me to send clarification, which I have again.

I remain polite and totally honest etc. but DWP operative doesn't seem to grasp their own rules on quite a simple set of circumstances.

They can look to close relatives for payment as explained above. The funeral grant is for cases where there really is no-one that can pay. On the old application forms for this grant ( not sure if the form still exists) you used to have to list any close relatives.

They will look at close relatives to see if they should pay as long there isn't a partner of the person who died.
If it is the partner of the person who  has dies claims, they will not look at anyone else is respect of the costs.

sheramber

Was the house only in your father's name and therefore part of his estate?

calcotti

HillStreetBlues said:

calcotti said:

She may not entitled if there are other family members who can reasonably be expected to pay for the funeral
https://www.gov.uk/funeral-payments/eligibility

You might be able to get a Funeral Expenses Payment if you are:

• the partner of the deceased

• the parent of a baby stillborn after 24 weeks of pregnancy

• the parent or person responsible for a deceased child who was under 16 (or under 20 and in approved education or training)

If a close relative of the deceased (such as a sibling or parent) is in work or not getting a qualifying benefit, you might not get a Funeral Expenses Payment.

AFIK  that would only apply if there wasn't a partner.

If there is a partner then that person would be the "responsible" person.
If there is no partner then the responsible could be a family member  or close friend.

HillStreetBlues said:
They will look at close relatives to see if they should pay as long there isn't a partner of the person who died.

If it is the partner of the person who  has dies claims, they will not look at anyone else is respect of the costs.

I that is correct.

I was confused by regulation 8 but I think it doesn't apply when there is a partner.
https://www.legislation.gov.uk/uksi/2005/3061/regulation/8

(Why's it always so confusing!)

Matty007

They cannotsheramber said:

Was the house only in your father's name and therefore part of his estate?

When calculating liabilty, they disregard the family home or personal posessions if it is being passed on to a spouse.

Matty007

calcotti said:

HillStreetBlues said:

calcotti said:

She may not entitled if there are other family members who can reasonably be expected to pay for the funeral
https://www.gov.uk/funeral-payments/eligibility

You might be able to get a Funeral Expenses Payment if you are:

• the partner of the deceased

• the parent of a baby stillborn after 24 weeks of pregnancy

• the parent or person responsible for a deceased child who was under 16 (or under 20 and in approved education or training)

If a close relative of the deceased (such as a sibling or parent) is in work or not getting a qualifying benefit, you might not get a Funeral Expenses Payment.

AFIK  that would only apply if there wasn't a partner.

If there is a partner then that person would be the "responsible" person.
If there is no partner then the responsible could be a family member  or close friend.

HillStreetBlues said:
They will look at close relatives to see if they should pay as long there isn't a partner of the person who died.

If it is the partner of the person who  has dies claims, they will not look at anyone else is respect of the costs.

I that is correct.

I was confused by regulation 8 but I think it doesn't apply when there is a partner.
https://www.legislation.gov.uk/uksi/2005/3061/regulation/8

(Why's it always so confusing!)

I don't think they can shift liability onto another person irrespective of their relationship to the deceased,  in affect it is the 'deceased estate' that is in receipt of the grant, which will need to be repaid from the deceased estate, but they disregard property and personal posessions when left to widow who resides there.

sammyjammy

The only situation I can see is that husband had money in a bank account that wasn't joint?  Although this is asked on the claim form.