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Recovery from estates dwp

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  • Recovery from estates dwp

    Good afternoon

    My dad passed in February he was 70 he had 17000 in his current account. I informed his bank of his death and they shut his account and transferred the money to my account. He had not been working for a number of years due to ill health maybe 10 and received all sorts of benefits housing/disability and a pension. I paid back 2 overpayments of benefits he received after his death I think these were pension and housing benefit and the received letters of confirmation all upto date. I unfortunately lost my job around the same time and used the 17k to live on paying mortgage bills etc which has now mostly gone but thankfully have a job starting October. Today 6 months after his death I receive the dwp letter asking about information of his estate with details held at the time benefit was paid incase there was any over payment.

    Where do I stand if the money is gone

    Extremely worried

    Also after his death 4 months later I had to do a probate because he was a part benificary of his mums estate which then came to me.

    The probate was completed and money received but this wasn't completed until 4 months after his death so doesn't have to be declared? I guess me doing the probate triggered the letter from dwp but they knew of his death 6months prior

    Where do I stand please

    Thank you
    Tags: None

  • #2
    Re: Recovery from estates dwp

    Sadly from what I know the executor is liable for any debts left by the deceased and so somehow you'd have to pay and there is no time limit on this.

    May I ask If he was on any means tested benefits because over any savings over 16,000 would effect that. Also from what I gather if he was on pension credit any savings over 10,000 would be effected too.


    • #3
      Re: Recovery from estates dwp

      I dont know i will have to find out. Thanks for the response


      • #4
        Re: Recovery from estates dwp

        How can i find out what benefits he was on? Im totally lost


        • #5
          Re: Recovery from estates dwp

          [MENTION=39710]des8[/MENTION] ...any ideas??
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido


          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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          • #6
            Re: Recovery from estates dwp

            Hi and welcome.
            sorry to hear of your loss and subsequent problems

            Can we get the time line clarified please.
            Your Father passed in February 2016
            On his death your father's estate totalled 17000, which was cash in the bank
            As his sole heir (?) you inherited his estate.
            You repaid overpayments of Pension Credit and housing benefit.
            Were these overpayments due to the amount of (17000) capital he had, (in other words was DWP advised of his death and the amount of capital he had at that time)
            When did your Grandmother pass?
            When did the executors pay the legacy to you?


            • #7
              Re: Recovery from estates dwp

              The overpayments were due to received housing benefit and and pension after he passed away. My nan died in december 2015 3 months before my dad passed

              - - - Updated - - -

              My aunt dealt with all the paperwork regarding my dads passing ie getting the death cerificate and notifying the housing and so forth. The letter i received originally were from the dwp about the overpayments

              - - - Updated - - -

              My aunt dealt with all the paperwork regarding my dads passing ie getting the death cerificate and notifying the housing and so forth. The letter i received originally were from the dwp about the overpayments

              - - - Updated - - -

              I received an intermediatry sum 2 months ago end of june. My nan house was sold around june but dont know how much will be receiving


              • #8
                Re: Recovery from estates dwp

                So the DWP have flagged up your late father's estate because of the capital of 17000

                Generally if one is in possession of capital in excess of 16000, means tested benefits are not available.
                there is a sliding entitlement if the capital is between 6,000 and 16000.

                DWP will be trying to ascertain your father's capital over the period he was in receipt of means tested benefits

                To do this they need to see his bank statements and such like.
                To get these they have to request them from the administrator of his estate,

                Can you say exactly what benefits your father was in receipt of?

                Do you know how he obtained the capital of 17000?
                Could it have been amassed from his pension payment?
                If he lived in sheltered accommodation, or was especially frugal, he could have saved it.
                DWP don't know if he was overpaid. This is a fishing expedition by them which they carry out automatically

                You can tell them the estate was cash in the bank and the residue after meeting outstanding debts including the overpayments has been distributed.

                I am a bit confused because in post 1 you said you dealt with your fathers bank account , and repaid certain overpayments, and saw to probate ie became administrator of his estate.
                But In post 7 you said your aunt dealt with all the paperwork. Was this on your instructions?
                Last edited by des8; 10th September 2016, 20:30:PM.


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