new and about to tangle with the DWP

[Twiggy]

Have got good information from this site, and now (see my reply to another thread) received a DWP letter asking for information re: Mother-in-law (deceased).

[Kati]

Re: new and about to tangle with the DWP

Hi Twiggy ... I'll tag [MENTION=39710]des8[/MENTION] [MENTION=141]enaid[/MENTION] for you and quote your comment from the old thread too

Hope you get lots of help xx

Thanks for all the good information. We just received the DWP letter asking for probate details. We know mum in law didn't declare increased savings so are expecting a DWP investigation and all the hassle involved. Will try to update this thread as we go along.
did the bank involved charge for the statements?

[des8]

Re: new and about to tangle with the DWP

Hi and welcome.

It depends on the bank as to how far back the statements go and how much they charge.
Here's a link to a 2012 survey by WHICH: http://www.which.co.uk/news/2012/02/...-which-279375/

Don't let DWP hassle or bully you.
It was not you who possibly did not declare increased savings, so you are not at fault.

On another tack, how did your mother increase her savings and did she have an assessed income period?

[Twiggy]

Re: new and about to tangle with the DWP

Just an interim update - still haven't heard any more from DWP, but our own investigations show that there is likely to be a big bill for overpayment as without her knowledge her savings had built up to way over the £1000 limit.
Unfortunately there are other 'subsidies' that she received, e.g. she paid no council tax, and only a small contribution to her care-in-the-home costs. What is the protocol for these - should we as executors contact the council and social services and volunteer this information (and face an even large bill for repayment). Do (he says hopefully) either councils or social services normally write-off these accidental overclaims ??

Worried again ...

[Twiggy]

Re: new and about to tangle with the DWP

Just read this - as far as we know (but we have no paperwork to confirm) she was below £10,000 savings in 2012. At that time, we believe she had a social needs assessment, and was advised to make a claim for increased pension credit and for attendance allowance. We don't know if she had a formal financial assessment or whether an AIP was issued. As with many elderly, infirm, she lived on virtually nothing so over 5 years the extra income just mounted up in her bank account.

[Twiggy]

Re: new and about to tangle with the DWP

I haven't had any replies to my last 2 points.

I'm particularly keen to know whether I have to contact e.g. Social Services to ask if she had been overpaid there too (for care at home), or do I wait for them to contact me (and hope they don't !)

[Kati]

Re: new and about to tangle with the DWP

tagging [MENTION=39710]des8[/MENTION] again

[des8]

Re: new and about to tangle with the DWP

I have a faint recollection that there was a ruling to the effect that savings made from correctly claimed benefits did not lower one's entitlement to those benefits.
I'll have to do some research to see if I can find it.

[charitynjw]

Re: new and about to tangle with the DWP

I have a faint recollection that there was a ruling to the effect that savings made from correctly claimed benefits did not lower one's entitlement to those benefits.
I'll have to do some research to see if I can find it.

https://www.pressreader.com/uk/scott...81797103691433

http://www.dailymail.co.uk/news/arti...-pay-back.html

[des8]

Re: new and about to tangle with the DWP

Thanks [MENTION=5553]charitynjw[/MENTION]

However this other older thread is interesting.
The OP had a similar prob (deceased in receipt of pension credit accrued savings of £20,000 over the years through frugality).
Final judgement from estates recovery (post 38) no requirement to repay. http://www.legalbeagles.info/forums/...it-overpayment

[Twiggy]

Re: new and about to tangle with the DWP

I do have a copy of the letter from DWP issued when she was urged to apply for pension credit in 2012. It specifically says:

'you have an assessed income period. This means you do not have to tell us about changes to certain types of income' (note INCOME not SAVINGS)

It then says the details are in leaflet INF4(PC) and that specifically says if you have an AIP you do not need to inform us about changes to savings.

We're still waiting to hear from DWP whether they're going to look into the situation.

[des8]

Re: new and about to tangle with the DWP

Most AIPs were for 5 years.
All should be OK, but you need to wait for DWP confirmation.

[Twiggy]

Re: new and about to tangle with the DWP

At LAST something happening - after over 2 months of waiting, and a phone call we have finally heard from DWP.

Not such good news is that their letter asks for bank details for year 2004.

We're guessing that's the date on which she first claimed pension credit, but suspect the chances of her bank having that info are about zero.
Crazy thing is that the DWP letter goes on to say that banks only keep the details for 6 years, and then they say to send them the latest statement available (2011?).

Considering 6 years back (2011) she'd probably already started to accumulate excess savings, our worry is how they're going to use the 'latest statement' information, as that cannot prove that at the time of her initial claim she was below the savings limit.

Surely the onus is on DWP to prove (given lack of evidence) that she had too much savings at that time, rather than on us to prove that she did not !

Anyhow it's got to the point where we're being held up from distributing the estate, and given thei current speed, looks like it might be months before this is resolved.

[plasterer]

Re: new and about to tangle with the DWP

At LAST something happening - after over 2 months of waiting, and a phone call we have finally heard from DWP.

Not such good news is that their letter asks for bank details for year 2004.

We're guessing that's the date on which she first claimed pension credit, but suspect the chances of her bank having that info are about zero.
Crazy thing is that the DWP letter goes on to say that banks only keep the details for 6 years, and then they say to send them the latest statement available (2011?).

Considering 6 years back (2011) she'd probably already started to accumulate excess savings, our worry is how they're going to use the 'latest statement' information, as that cannot prove that at the time of her initial claim she was below the savings limit.

Surely the onus is on DWP to prove (given lack of evidence) that she had too much savings at that time, rather than on us to prove that she did not !

Anyhow it's got to the point where we're being held up from distributing the estate, and given thei current speed, looks like it might be months before this is resolved.

Dwp are asking us to forward Halifax statements from 2003,
It seems theres no problem for them to get the infomation for us .
Santander on the other hand could not go back to 2008.
So it would seem to differ from bank to bank ................Paul

[des8]

Re: new and about to tangle with the DWP

Was your mother's AIP for 5 years or indefinite?
If it was originally for 5 years, she would have had to give up dated info in 2011 (hence their request for bank statements for that year)