DWP Estate Harassment

[RodeoCowboy]

My uncle died in 2014 (Scotland), age 85. He was socially/mentally incompetent, lived in a care home since 1987. I’ve never seen him since 1964. As only kin, I became executor (big mistake!). He had no savings whatsoever until an inheritance of £19,000 in 2007. He organised a prepaid funeral, leaving £16,000 capital. He received Pension Credit – his only income – and paid his accommodation with it.
DWP have now made a claim (7 months after death) about benefit overpayment. But no hard numbers (surprise!).
Here’s my points inviting input to help me and others also struggling:

1. The Scottish Court Service sets a time limit for claims on estates (including DWP) at 6 months from date of death. But does DWP act outside legal niceties?
2. DWP had Assessed Income Periods in place for Pension Credit. Clients don’t have to report changes in savings/capital/income during these periods.
3. Since my uncle had marginal life-skills, any DWP assessment over the years could have been bungled. When he inherited the £19,000 in 2007 and prepaid his funeral, he ignored the £16,000 remaining. Did he inform DWP about the inheritance? Did DWP ask about any changes at any time? Did DWP check his bank statement in 2007 or any other time? Or did they just tick the box “No Change” resulting in a flawed assessment?
4. My uncle wasn’t “concealing capital” from 2007 onwards. He was assessed and re-assessed for benefits most of his adult life. Surely DWP staff on a client visit would realise his limitations and investigate his circumstances with more care? Amazingly, DWP have asked when he moved into a care home!
5. If DWP didn’t “catch” his inheritance by due diligence, and it was therefore their mistake, how can they make a claim now? Or do they just keep intimidating, until I hand over the estate?

Estate fees (my solicitor) are £2,000. If DWP succeed, and demand the whole estate, could I be £2,000 out of pocket? Or does DWP take its cut after legal fees?

[sean5302]

Re: DWP Estate Harassment

Hello Cowboy. I echo your suspicion about the DWP, one of the nastiest of all Government departments, with the possible exception of HMRC.
I spent 3 unhappy years arguing with them when I took over the management of my late father's finances. He spent 3 years in a care home.
Answering your points:
1.I don't know about the Scots courts. In the UK there is a limitation on civil proceedings of 6 years and no limit on criminal proceedings. Benefit fraud is criminal law, tried in the magistrates' court, so no time limit. See people being tried for child abuse from 40 years ago.
2. DWP assessments are made on data supplied. If they find that data to be false, they come after you. You as executor.
3. DWP don't supply the data, as above.
4. No, DWP don't do all that. They rely on the documents completed.
5. The DWP (and a magistrate) probably won't see it thay way. The law says they are entitled to correct their mistakes at any time.

DWP takes priority of the money and assets in the estate. Solicitors would be behind them in the list.

I had just this situation. The DWP have a Scotland-based unit, even though I am in Yorkshire. They would phone me, asking for the security passwords and suchlike. When I asked how I was supposed to know they were genuine, they always got nasty.
I had to go to a First Tier Tribunal when they tried to class my Dad's house as my asset, even though he was still alive.

My advice to you is never deal with them on the phone, but always in writing. They are the most scheming liars I've met, possibly with the exception of HMRC.