DWP

[jack2]

Hi all,

Looking for some advice on a couple of issues. My grandfather passed away last year in May leaving his entire estate to me, but making his solicitor executor as I'm still fairly young (20)

Firstly, the dwp started their enquiry in September, they were provided with what they had asked for. Again at the end of January they requested statements back to 2010 which they have been provided. 4 years seems a short period compared to some I've seen, is there a possibility that they may make another request for statements even further back or is it pretty certain they have satisfied themselves that this is the period they wish to claim on. Also how much longer should I realistically expect to wait?

Secondly, I had asked the solicitor to provide me with the means tested benefits my grandfather was receiving during this period. He provided a total of about 3000 in pension credit which I expected. However he also provided a total of about 9000 attendance allowance, which I wasn't expecting as I thought attendance allowance was not means tested. So what can the DWP reclaim?

Thanks in advance for any replies this situation has me very stressed as at 20 I'm looking at a life changing amount of money if the DWP doesn't want to take it all back lol.

Jack

[enaid]

Re: DWP

Hi and welcome, I can tell you Attendance Allowance is tax free and not means tested.

[jack2]

Re: DWP

Hi enaid,

Thanks for the reply, I had done some reading on .gov and did see that it was neither taxed or means tested. Does this mean there is no chance of them taking it back?

[enaid]

Re: DWP

They can only reclaim what he was not entitled to ie if they over paid him after he passed away. As for the pension credits if would depend on your grandads savings capital etc, your solicitor should be able to help you with all this .He will be getting apaid well from the estate so make him work for it.

[jack2]

Re: DWP

That's the thing, he's not been very helpful in moving things along. I think if everything had been done as and when he said it has the DWP claim would be settled by now and his bill has already surpassed the 10,000 mark I don't really want to keep phoning him at £140 an hour just for him to tell me he hasn't heard anything. I just wondered how long the DWP claims usually take to be completed. Seeing as he first heard from them in September it's been close to 6 months.

[enaid]

Re: DWP

I would ring DWP and then follow up with email or letter ask them how things a re progressing, trust me they wont move till they are pushed.
Your sol is working fro the estate granted but no need to take the mick imo.

[jack2]

Re: DWP

I have phoned the DWP bereavement service with a reference number for the claim and they said as I'm not the executor they can't tell me anything but the fact they are investigating his assets. Thanks very much enaid for your replies, a quick scan through the other threads I found that another member has been waiting a lot longer than me. I suppose it's just a waiting game, 6 months seemed too long I thought they would jump at the chance to get somemoney back .

[enaid]

Re: DWP

Am sorry I was not more help I am sure someone else will add to this soon.
Sounds as though they are still on the case at DWP but then that may only mean it's the pending tray. :tinysmile_twink_t2:

[jack2]

Re: DWP

No it nice to know I was following the right steps to chase them haha. I'm sure the pending tray probably has it's own pending tray

[stevemLS]

Re: DWP

Jack - if this is all that is delaying the distribution of the estate, you could remind the solicitor that the executor can make an interim distribution, paying you some of the money whilst ensuring sufficient is retained to meet any outstanding liabilities.

[jack2]

Re: DWP

I have done with him releasing about 20000 to me and retaining 12,000 to cover whatever they decide is right. I'm just really nervous about spending any of it as I don't know if there's a chance they may request statements further back than 2010 and suddenly I may have to return money to the solicitor that I have spent. Thanks for your time and advice, I've never had any dealings of this kind in the past.

[Bitterend]

Re: DWP

Unfortunately the DWP it would appear can hold up the distribution of an estate for an unlimited and unspecified amount of time. Think in terms of years. Your solicitor will cover himself as administrator by retaining funds until the DWP have said the account is clear. I believe they (the DWP) will issue a clearance certificate. I am over a year into this process with no end in sight. They can take 5 or 7 MONTHS to reply to a letter, yet demand a reply from you in 4 days!! The system is loaded in their favor and quite unfair.