Tweet
My dad passed away in September after a long battle with Alzheimers. He had been in a care home for the last 6 years of his life. Funded by DWP. After his death we didn't need to go through probate because he had very little money, a few shares and 2 insurance policies. Then we discovered that 1 policy was actually large, so we had to go through probate. Which has now completed and we are waiting for the finalisation from the insurer. This morning we had the DWP letter stating dad may owe from the estate and not to distribute the monies. Does this refer to overpaid benefits after his death, or can they claim for the payments for the care home over the 6 years he was there. But as dad had a degenerate disease, and was unable to tell us about how large this policy was, due to his Alzheimers, can mom be held responsible for the money?
Loading...
-
Tags: None -
Re: DWP recovering estate
Hi and welcome, sorry about your loss and that you have this worry too now.
If your dad claimed NHS Continuing Health Care then that is funded by the DWP regardless of financial circumstances.
As far as I know insurance policies are not counted as part of the estate if they are 'written in trust', they are usually just paid to the nominated person.
I personally think this is the normal letter most receive after probate, as it flags up for the DWP and they will reclaim any benefit overpayments made to your dad.
Hope this helps and others may be along to be more positive for you.
Enaid x
-
Re: DWP recovering estate
Agree with Enaid.
Your main problem will be one of delay.
DWP are notorious for s.l.o.w.l.y coming to a decisionComment
-
Re: DWP recovering estate
Just spoken to my mom and apparently it was a pension, which he could of drawn on at 50. But by the age of 50 dad was already in the deep throws of dementia and we did not know about it. So we only discovered this on his death.
- - - Updated - - -
It is not a problem them taking it back we just wondered how much they will take and over what period they can go back too.Comment
-
Re: DWP recovering estate
They can go back as far as they want/need!
Regarding "how much" they will come up with a figure.
Don't just accept it.......... request that they substantiate it and justify it.Comment
-
Re: DWP recovering estate
Thank-you for all your help. Moms just posted off the reply form. I expect with xmas and new year coming we won't get a reply or decision for a while. So when the money comes it's best just to put it into the bank and leave it there then. My only concern is that they can make my mom bankrupt and that she is going to be left with a shortfall to pay, which of course I will help her with. Some of dad's money has already gone to mom, which were his savings, which haven't been touched. We worked out that the home cost £230k which the pension money won't cover. I just don't want my mom to suffer, dad's death was devastating and now this. I'm just concerned for her really.Comment
-
Re: DWP recovering estate
If I am not mistaken pensions are not part of the estate either and when the money from the pension goes to your mum there should be info enclosed to confirm this.Comment
-
Re: DWP recovering estate
We knew that this money would mean that moms benefit would be stopped. But now we are on limbo. Does it take months to sort out because ever since we found out about this money I don't think moms had a decent night sleep.Comment
-
Re: DWP recovering estate
And they can only claim back the amount of overpayment.
If there is a shortfall in that the estate does not have sufficient funds to cover the overpayment, your mother will not be liable for that shortage.Comment
Comment