Left some money?

[yeoldecodger]

Hi, A newbie that wants some advice or guidence please.
Situation: Mother has p[assed away in december leaving no will but no problems there as on two benefactors. (Two daughters) Only monies left in several accounts. Two bank, one NS&I and 4 small insurances. Total aprox £44k Probate all done and money obtained. Just about to divide when we get a letter from DWP saying they want to know details as they think an overpayment has been made.
Mother was 87, lived alone was on Invalidity benefit and normal pension. She got Savings pension credit, Full housing benefit and full council tax benefit. She had dementia and obviously did not tell anyone of the amount of benefits she got. She was independant. She I suspect did not know how much she had as she scrimpped all the time and complained about the cost of things. We did not realise the extent of her wealth and were shocked at how she could have amassed this much.
I checked her statements and as far as I can see she never spent any of her attendance allowance.
Way back in 2009 was the last time we knew of her finances and she had just under £10k then.
How do we stand and can the DWP take the lot of our inheritance? And do they negotiate.? We are sick with worry as we have started to divide it as a letter we found from her wished us to do. Not a will. Probate has been granted etc.
We have also incurred funeral expenses and admin costs of £4k which we have used from the assets.

Help

Thanks

Codger

[enaid]

Re: Left some money?

Hi and welcome,
I am sorry for your loss and the now the upset of having to deal with the DWP. I can tell you that Attendance Allowance is a none means tested benefit so they can not reclaim that.
If your mums savings were under £16,000 in 2009 then she would be entitled to all her housing benefit. An assessment is made every five years and depending on when and if this was ever done she would only have to repay any over payment from the last assessment. Her mental health will also or should be taken into consideration by the DWP so I do not think you have much to worry about. I would wait and see what info they ask for and then ask them for the info they have.
Someone else will probably come along soon and offer advice, you are not alone with this and the DWP are not very sympathetic with their letters etc and that only makes things worse imo.
Enaid x

[wales01man]

Re: Left some money?

We have just completed probate and dealt with DWP far from being unsympathetic the DWP were great on the phone and answering mail quickly as i seeit if money is owed it needs paying sorry to be blunt but as the experience we went through with wifes siblings all they bwanted was money we dealt with it all all the people we dealt with ecept the bany were caring and understanding

[jon1965]

Re: Left some money?

I would try not to worry . Do not worry either about the cost of the funeral and expenses, these are the No1 priority from an estate...nothing can take that away.
Also remember that AA is not a means tested benefit but HB, CTB and guarenteed pension credit are. On top of that even if her savings were over the allowed limit is is not a £ for £ deduction.

I think they will just want to double check, all this press about the DWP and overpayments is causing them to waste more money chasing people

[enquirer]

Re: Left some money?

Wait and see. The DWP often send these letters out speculatively. If however there is money owing, they won't negotiate, given that an overpayment means that they have a legitimate claim.

What you must do, is to stop distributing the estate until this is sorted out. Funeral expenses may be paid however.

[yeoldecodger]

Re: Left some money?

Update on my situation:

1. I spoke to DWP and they say that on their screen it looks like they are not chasing Pension Credit repayment.
2. I found out my Mother in law had Guarentee pension credit and savings PC and was over 80 when it was assessed and was under £10k. this means she was on what is called Assessed Income Period which is indefinite and you could win the lottery and thay can`t claw back overpayments. Thats a quote from the minister in Hansard. So Thats safe.
3. I now find out that if you are on Guarenteed PC that Housing benefir and Council Tax are given automatically. So as she was on GPC I believe they can`t claw back HB and CT.
4. The fact that she had over £40k in the end she was not obliged to inform them, As I can see it.

So I can`t see any way they could demand overpayment recall? Any Comments?

Codger

[enaid]

Re: Left some money?

That is how I took it too if you read my post. I would not have told you that you had nothing to worry about full stop, as the DWP are a law unto themselves.
If she was living alone with certain mental health problems she would have been exempt from council tax anyway.
I think you are ok but just hang fire till you get letter from DWP saying 'case closed' then you really are home and dry.
Thanks for the update it can only go on to help others in the future.
Enaid xx

[yeoldecodger]

Re: Left some money?

Latest update is after reminding them of "Indefinite Assessed Income Period" rules they have said there is no longer any requirements from us to submit any more paperwork and that no claims are to be made against the estate by the DWP. I think I will frame it. They waited till the last day to say (20days)

Thanks again for your advice and support.

[enaid]

Re: Left some money?

Thanks for the update and am pleased that it is the end of the matter for you.
Enaid x