DWP Recovery from Estates Letter - How to handle?

[squishy]

Hi I am the executor for one of my parents who died recently, I have been granted probate and I thought all was in order but I have recently received a letter from DWP requesting info about benefits and warning me not to distribute the estate. The letter asks me to reply to a number of questions and it seems to be a standard form that others here have received.

My questions are more about the best way of handling this process.

1) I am not sure when my parent first got pension credit and I only have records for the last 6 years or so, however there are several DWP letters saying that they had a Assessed income Period (AIP). I am sure that the original claim would have been correct. Can I request that DWP provide me with the date of the original claim and the AIP?
2) From what I have read if I complete the form I will then receive requests for more information, do I have fill in the form and provide the information requested? I feel exposed in doing this without knowing what they are investigating, can I instead ask them what they are investigating and what period they are looking at?
3) Anything else I should do? I would like to get this issue resolved ASAP

Has onyone else here survived one of these investigations and if so how long did it take and what was the outcome?

[squishy]

Can anyone help with this please?

[des8]

hi there

IMO the best way is to co-operate and answer as best you can.
We have heard of those who "stand on their rights" and manage to delay things.
Let DWP do their thing, and when they have finished then challenge them to justify what they ask for. If you think it is wrong that is the time to challenge.

[squishy]

hi there

IMO the best way is to co-operate and answer as best you can.
We have heard of those who "stand on their rights" and manage to delay things.
Let DWP do their thing, and when they have finished then challenge them to justify what they ask for. If you think it is wrong that is the time to challenge.

Thanks that sounds like a sensible approach, I am always wary of this sort of thing so its good to get another view.

[squishy]

A quick update, as other have found this seems to be a standard process for probate where the person who died was in receipt of Pension Credit. I phoned them and they outlined the procedure but said it was routine.

I provided the info they requested and a few weeks later they said it was all fine and closed the matter.

[des8]

Thanks for the update, & glad it worked out ok

[grumpygraham]

Under older rules there was often no need to submit information to the DWP once pension credit is in payment because of the Assessed Income Period rules. These still apply for some elderly PC claimants but no new ones are now being granted.

So if there is an apparent discrepancy between what the claimant left and what they had when they first claimed the DWP will launch an investigation.

There are many reasons why assets might grow over an extended number of yeas, but under the AIP rules there was no need to advise DWP of increases in assets, only decreases - so that PC could be increased. What the DWP are looking for is whether the claimant lied /misrepresented their assets when PC was first awarded. PC was first introduced in2003 so you can see that proving what was the case up to 19 years ago can be very difficult. And DWP themselves make numerous demands of executors some of which are difficult if not impossible to answer. And then they take the worst possible interpretation of whatever facts are obtained to construct the highest claim they can from the Executor. At this stage their figures are just that a claim. If the Executors pay up then case closed. But the whole process is shabby and falls below the expectations of what out public service should deliver. If the executors refuse to pay up then the DWP. need to prove that claim in court before an impartial justice. Until then they behave as police, prosecutor and judge in their own premises..

And they ignore limitation.