DWP Recovery from Estate - Solicitor recomendations

[KCW]

Re: DWP Recovery from Estate - Solicitor recomendations

As mentioned before the assessment periods a very important and would have been stated on the original award letter.
Have a read of the simple explanation on the link below.
If you can find any of the award letters or letters about reassessments of PC that would be a big help if not I would write to DWP and ask for a copy from them, see what they come back with.
If the correct information was given on the initial assessment for PC and the assessment period rules apply then I can't see how any overpayment claim can be made.
This is just my opinion but the rules are there work both ways.

Hello ... I have just now registered and apologise to the OP for interrupting this thread:

I will be starting a new thread but would appreciate clarification [as much as is possible] on the last para of your post. Are you suggesting that, in your opinion, if the assessment was correct when a benefit was first awarded, on an indefinite assessment period due to age, that any change in level of savings could not result in an over-payment situation by 'Recovery From Estates' dept upon the passing of the claimant?

My late mother saved her Attendance Allowance, correctly awarded, so as to avoid having to go into a care home as her condition could only deteriorate further. I appreciate that Attendance Allowance is not means tested but others [PC and Severe Disability Allowance] were also awarded at the same time.

[TVC1]

Re: DWP Recovery from Estate - Solicitor recomendations

I think the thread has been discussing "Personal Credit" which is independent from the Attendance Allowances. It started in 2003 and is bank account cash limited. If granted, it also gains access to other allowances such as free council tax. Originally, you were allowed £6k in savings which I believe went up to £10k in later years. My 92 year old mother had consideraqbly more than this in savings on her death. The DWP did an investigation which resulted in the declared income at assessment periods were in accord with their records so they closed the case. Presumably, therefore, you are allowed to accumulate your financial credits so long as you die before the next assessment period.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

Hello ... I have just now registered and apologise to the OP for interrupting this thread:

I will be starting a new thread but would appreciate clarification [as much as is possible] on the last para of your post. Are you suggesting that, in your opinion, if the assessment was correct when a benefit was first awarded, on an indefinite assessment period due to age, that any change in level of savings could not result in an over-payment situation by 'Recovery From Estates' dept upon the passing of the claimant?

My late mother saved her Attendance Allowance, correctly awarded, so as to avoid having to go into a care home as her condition could only deteriorate further. I appreciate that Attendance Allowance is not means tested but others [PC and Severe Disability Allowance] were also awarded at the same time.

Please read the info on this link https://www.gov.uk/government/upload...i-636-2014.pdf it explains it fully

[KCW]

Re: DWP Recovery from Estate - Solicitor recomendations

Presumably, therefore, you are allowed to accumulate your financial credits so long as you die before the next assessment period.

Many thanks for your response TVC1:

Also thanks to enaid for the link provided:

My mother was 80 years of age when last assessed, and the link confirmed that she would have been on an Indefinite AIP.

However ... it's the "presumably" in TVC1's post that I am trying to get an unequivocal support for; assuming that anything can be unequivocal when the Recovery of Estate dept are concerned, going on what I have read on other websites.

My sister is the executor of my mother's 'estate' and due to a number of issues during this year she appears close to a nervous breakdown. I am trying to support her as best I can but she is in the front line. She has unfortunately seen some of the many cases where a will is sanctioned by the Probate Registrar but has been delayed for many months by RoE, where they are asking for historical information which cannot possibly be provided. It would ease her mind somewhat if an 'official' statement could be found confirming that [as long as the financial details provided at the original assessment are correct] the RoE dept have no right to claim there is an over-payment situation when an Indefinite AIP was granted; in accordance with the terms. My mother's capital did increase but only by way of her living frugally and retaining some of her benefits for a 'rainy day'; more like 'rainier day' in her case.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

The DWP are a law unto themselves and in may cases executors are scared witless by them when they try to recover over payment of pension credit.
When your mum was assessed these RULES would have been used to decide if Pension Credit was payable.
I am assuming the AIP was also put in place at the same time.
This is a DETAILED GUIDE to Pension Credit and all the legislation involved.
If you read from page 58 'WHAT HAPPENS IF A CUSTOMER’S CIRCUMSTANCES CHANGE' and also follow the links to Assessed Income Periods I think this will explain fully and hopefully put your mind at rest and therefore be able to help your sister.
Any paper work re the assessment would be helpful if you have it, but it's understandable many don't, a small lesson to us all not to just throw paperwork away.
I hope this helps and as I said if all was ok on the assessment with your mums capital etc I can see no reason for the DWP to try reclaim over payments.
Best Wishes Enaid x

[TVC1]

Re: DWP Recovery from Estate - Solicitor recomendations

Sorry I cannot be more definitive but the DWP give no explanation to the reasons for the investigation or why the case is then closed after several months of pure worry. All they told me in their final letter is that the information provided by me from the banks (one could go back to 2003, the other only eight years) was in accord with their historical records. I know from research that they should carry out AIPS every five years and I doubt whether this was done in my mother's case as she had dementia and I was handling her finances for more than the last five years of her life.No AIP was carried out in that time so perhaps they conceded fault. It appears that your mother has an indefinite AIP so hopefully, their case will come to nothing, If it does go further, I would make the case that she was financially well supported by her family and thus she could accrue savings from her income.

[KCW]

Re: DWP Recovery from Estate - Solicitor recomendations

The DWP are a law unto themselves and in may cases executors are scared witless by them when they try to recover over payment of pension credit.
When your mum was assessed these RULES would have been used to decide if Pension Credit was payable.
I am assuming the AIP was also put in place at the same time.
This is a DETAILED GUIDE to Pension Credit and all the legislation involved.
If you read from page 58 'WHAT HAPPENS IF A CUSTOMER’S CIRCUMSTANCES CHANGE' and also follow the links to Assessed Income Periods I think this will explain fully and hopefully put your mind at rest and therefore be able to help your sister.
Any paper work re the assessment would be helpful if you have it, but it's understandable many don't, a small lesson to us all not to just throw paperwork away.
I hope this helps and as I said if all was ok on the assessment with your mums capital etc I can see no reason for the DWP to try reclaim over payments.
Best Wishes Enaid x

Sorry I cannot be more definitive but the DWP give no explanation to the reasons for the investigation or why the case is then closed after several months of pure worry. All they told me in their final letter is that the information provided by me from the banks (one could go back to 2003, the other only eight years) was in accord with their historical records. I know from research that they should carry out AIPS every five years and I doubt whether this was done in my mother's case as she had dementia and I was handling her finances for more than the last five years of her life.No AIP was carried out in that time so perhaps they conceded fault. It appears that your mother has an indefinite AIP so hopefully, their case will come to nothing, If it does go further, I would make the case that she was financially well supported by her family and thus she could accrue savings from her income.

Many thanks to you both for your input ... much appreciated.

Time will tell .... just hope it's not too much time!

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

Hope the info helped, please keep us informed of any outcome as it will help others.
Thanks Enaid x

[TVC1]

Re: DWP Recovery from Estate - Solicitor recomendations

Thanks Enaid but my Mum's case has been closed by the DWP - there would appear to have been no problem.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

Thanks Enaid but my Mum's case has been closed by the DWP - there would appear to have been no problem.

Thanks<I meant KCW x

[KCW]

Re: DWP Recovery from Estate - Solicitor recomendations

Hope the info helped, please keep us informed of any outcome as it will help others.
Thanks Enaid x

From my searching and researching, it has become apparent that many have been confronted with having to deal with a similar situation ---- at a time when they are struggling to come to terms with bereavement. I spent many hours trying to understand the [apparent/alleged] vagaries of dealing with Recovery From Estates Debt Management department. I was ready for a fight, but doubt I would have dug my heels in as my sister [as the executor] was in the front line and her year has been stressful enough already.

Fortunately there will be no need. Today my sister received a letter from said department stating that "we have compared the assets in the estate with current departmental records and confirm that these assets were correctly taken into account. This concludes our enquiry. Thank you for your cooperation in this matter."

There have been major changes this year in the way that benefits will be assessed and calculated. However, for those [like my mother] who are currently on an Indefinite Assessed Income Period this will continue until the persons situation changes as per the rules or they pass. Based on our experience savings/income are indeed exempt, as long as the information provided on the original assessment is correct.

The question I posted was enquiring as to whether my mother [being over 75 years of age at the time of assessment] would automatically be given an indefinite AIP. From my research and the conclusion reached by the recovery department I would suggest that to be true.

In my mother's case the only question was regarding the fact that her 'savings' in the bank were in excess of the 'allowed' level. She never instigated any claims for benefits, to be honest she would no idea how to, the DWP assessed her situation and decided for themselves what she was entitled to. My mother had a strong character of independence and chose to continue to live a frugal life, in so doing she accrued savings that would enable her to retain her independence in later years; her disabilities could only become more restricting. In her last few months she was paying privately for two carers four times a day ... and thus not placing an extra burden on the already stretched-to-breaking-point 'system'.

[enaid]

Re: DWP Recovery from Estate - Solicitor recomendations

So pleased this is now resolved and a good result. Great also to have it confirmed, thanks for keeping us informedx

[TVC1]

Re: DWP Recovery from Estate - Solicitor recomendations

Congratulations. In both our cases there was "no case to answer". One wonders whether this is a "standard" letter sent out to all Executors where the estate left by the deceased is over the £10k limit,

[KCW]

Re: DWP Recovery from Estate - Solicitor recomendations

Congratulations. In both our cases there was "no case to answer". One wonders whether this is a "standard" letter sent out to all Executors where the estate left by the deceased is over the £10k limit,

Without doubt in my mind.

We can both understand at first hand the affect that receiving it has in a time of grieving.

[Yana2]

Re: DWP Recovery from Estate - Solicitor recomendations

Been reading this thread as my mum passed away in Nov and after dealing with her estate and getting probate have now received a letter asking for details of her assets, it's not even three months since she died! Filled in forms and been told they have to investigate. She was receiving pension credit and was 88 when she passed away, she left around £32000, which accrued slowly over a number of years. I can find one letter from Dwp from 2015 stating that she doesn't have to let them know if her assets increase. Can I ask them for a copy of her original application for pension credit and also the dates she was assessed? Thanks