DWP overpayments

Bat125

Hi

May father was signed off work 5 years before he died. 

The only capital he had was a 1/6th share in a piece of land that he couldn't sell as the other owners didn't want to sell. 

He was initially refused benefits on this basis after the DWP decision maker estimated his share to be worth 20.000. 

My father subsequently provided the DWP with signatures from the other owners who refused to sell. So my father had no access to realising this capital. 

I have rang the DWP and they said they subsequently awarded him benefits albeit reduced benefits based on the balance of all probabilities that his share was worth 13.500. This was the decision makers valuation as my father didn't know what it was worth. Personally I think it was worth zero as the only way they could  realise it would be for the DWP to force a sale costing them slot in legal fees and court cases.

Anyway. My father was honest at the time and declared it to the best of his knowledge. My dad was a very honest man but found this whole process stressful when already ill. He had to live on his credit card for months untill his benefits were finally awarded.

The issue is he has since died. In 2021. 

The land has been passed onto me. His son and is now being sold as one of the other parties has forced a sale under section 15 TOLATA rules (trus of land and trusts act). My auntie tells me my fathers share of the sale will be 80k.

My issue is this will have to go through probate and is far higher than the decision makers valuation when he claimed his benefits. 

Will the DWP investigate this? And can they claim his benefits back from 2017 from the estate?

My father was honest at the time and I think they valued it so low at the time because of the cost it would take for it to be realised by DWP through the courts? So this would severely effect the 'realistic' capital value. 

We are stumped as he needed the benefits at the time and acted honestly to the best of his knowledge but we also don't want to lose our small and only inheritance back to the DWP. 

If they valued it based on all probability surely it's thier mistake?

Any advice would be appreciated. Me and my two brothers are finding this very stressful and emotional. 

Marcon

I've asked for your two threads to be merged, so you will get all the answers in one place - and those responding can see what others have already said.

Bat125

Ok great. Yep. This is the updated one as spoke to the dwp today. So it hasn’t be disregarded as per the old post. 

Brie

Well on the basis that it was practically worth zero while he was alive then it shouldn't come back to him.  That something new has happened while you own it has nothing to do with your father.  In my opinion.