DWP and Deceased Relative Overrepayment Question

schmind

Hello all, I'm not sure whether this is best posted here or on the benefits section of the forums - so apologies if this is in the wrong place.

My partner has recently lost an elderly relative for whom she had Lasting Power of Attorney.  Her aunt was suffering from dementia and was moved in to a residential care home around three years ago following a short stay in hospital. 

The death was registered using the 'Tell Us Once' service - my partner then received a letter through from the DWP stating that that there had been an overpayment of attendance allowance while her aunt was in the care home - the reason cited was that they believed some of the cost of her care was being covered by the state.

We have requested a mandatory reassessment as this was not the case - the aunt had been assessed for the attendance allowance prior to being admitted to the home and was paying the fees from the proceeds of the sale of her home, so we think this is an error on their part.

We've now received a letter from the DWP asking for information relating to the claim - but this also asks for my partner's (not the aunts) NI number and bank details.  This seems a bit odd given that if DWP does find there is an overpayment that needs to be addressed then surely this would be recovered from her aunt's estate?  My partner is reticent to provide her own details as she is concerned DWP may remove funds.  Is anyone able to advise why DWP is asking for this information and whether, if she provides them with her bank details, whether the DWP may remove funds without her say so?  Thanks!

DE_612183

Have you asked DWP - could just be trying to confirm identity

Fletchkov

I don’t have much advice but I’ve recently been in a similar situation with my father passing away . It’s been a nightmare with money that needs to be claimed back and also still to be paid . All I can say is almost all the companies I’ve had to deal with have waited until I have been able to get my head round it all, I am having to do it when I am able . I have found that I am repeating myself to the same companies on different departments as I’ve been pushed from pillar to post, not easy when you are grieving . An  example I am dealing with at the moment is the council are saying dad owes council tax but then I’ve had another letter saying he is due rent back?  They emailed  a questionnaire out for me to fill in with his details so I can claim back the rent but the attachment is wrong it’s for something completely different and I haven’t got the time or motivation to ring them and tell them to send the correct one . It’s all in the pending file  in my head . Hope you get it all sorted .

Tiglet2

schmind said:

Hello all, I'm not sure whether this is best posted here or on the benefits section of the forums - so apologies if this is in the wrong place.

My partner has recently lost an elderly relative for whom she had Lasting Power of Attorney.  Her aunt was suffering from dementia and was moved in to a residential care home around three years ago following a short stay in hospital. 

The death was registered using the 'Tell Us Once' service - my partner then received a letter through from the DWP stating that that there had been an overpayment of attendance allowance while her aunt was in the care home - the reason cited was that they believed some of the cost of her care was being covered by the state.

We have requested a mandatory reassessment as this was not the case - the aunt had been assessed for the attendance allowance prior to being admitted to the home and was paying the fees from the proceeds of the sale of her home, so we think this is an error on their part.

We've now received a letter from the DWP asking for information relating to the claim - but this also asks for my partner's (not the aunts) NI number and bank details.  This seems a bit odd given that if DWP does find there is an overpayment that needs to be addressed then surely this would be recovered from her aunt's estate?  My partner is reticent to provide her own details as she is concerned DWP may remove funds.  Is anyone able to advise why DWP is asking for this information and whether, if she provides them with her bank details, whether the DWP may remove funds without her say so?  Thanks!

I'm not an expert but I believe Attendance Allowance is usually paid to assist a person living in their own home to pay for a cleaner or a gardener etc to provide services that the person is unable to do themselves.  My mother used to receive Attendance Allowance for a number of years, but when I advised that she'd gone into a care home, the Attendance Allowance was stopped immediately, as these services are provided within the cost of living in a care home.  Mum paid the care home fees as her savings were above the threshold, but Attendance Allowance is not means tested.  I could be wrong, but this is my experience of the system.

JGB1955

You cannot usually get Attendance Allowance if you live in a care home and your care is paid for by your local authority. You can still claim Attendance Allowance if you pay for all your care home costs yourself.  It can be paid alongside NHS-funded nursing care (FNC) in a nursing home.

RAS

Tiglet2 said

I'm not an expert but I believe Attendance Allowance is usually paid to assist a person living in their own home to pay for a cleaner or a gardener etc to provide services that the person is unable to do themselves.  My mother used to receive Attendance Allowance for a number of years, but when I advised that she'd gone into a care home, the Attendance Allowance was stopped immediately, as these services are provided within the cost of living in a care home.  Mum paid the care home fees as her savings were above the threshold, but Attendance Allowance is not means tested.  I could be wrong, but this is my experience of the system.

According to Citizen's Advice:

If you live in a care home and self-fund, you are entitled to Attendance Allowance.
If you live in a care home and are funded by the local authority, you can't apply for Attendance Allowance.

Obviously some people start as self-funders and then the LA picks up the tab when their money runs out, so their eligibility will change.