DWP recovery from estate Pension Credit

[Marlin]

My mother in law aged 95 receives Pension Credit which she obtained whilst she was living in a flat which she owned. About 6 years ago she moved into sheltered accommodation. DWP were informed and she continued to receive the pension credit and also at that stage housing benefit.
Approx 2 years later the flat was sold for approx £40000. Because she was on an indefinite AIP there was no need to advise DWP, or so we believed and she continues to receive pension credit and housing benefit. The £40000 has now dwindled to around £25000 through purchase of furnishings, holidays and assisting grandchildren.
I am reading a lot about DWP recovering from estates and wonder what would happen in her case. She is in good health Hopefully she will live a good many years more.
My question is would the DWP or Council be able to recover anything from her estate?
At the time of her last pension credit assessment she had very little savings and hence qualified. We understood that we had no need to inform the DWP of the receipt of flat sale because she had an indefinite AIP. Because she is receiving Pension credit she qualifies for housing benefit.
Could they claim back to the date of the house sale?

[nemesis45]

Re: DWP recovery from estate Pension Credit

My mother in law aged 95 receives Pension Credit which she obtained whilst she was living in a flat which she owned. About 6 years ago she moved into sheltered accommodation. DWP were informed and she continued to receive the pension credit and also at that stage housing benefit.
Approx 2 years later the flat was sold for approx £40000. Because she was on an indefinite AIP there was no need to advise DWP, or so we believed and she continues to receive pension credit and housing benefit. The £40000 has now dwindled to around £25000 through purchase of furnishings, holidays and assisting grandchildren.
I am reading a lot about DWP recovering from estates and wonder what would happen in her case. She is in good health Hopefully she will live a good many years more.
My question is would the DWP or Council be able to recover anything from her estate?
At the time of her last pension credit assessment she had very little savings and hence qualified. We understood that we had no need to inform the DWP of the receipt of flat sale because she had an indefinite AIP. Because she is receiving Pension credit she qualifies for housing benefit.
Could they claim back to the date of the house sale?

Good afternoon welcome to LB,
It is possible that the authorities could seek repayment of any overpayment, but one
cannot predict with any certainty what the circumstances will be when your mother in law
dies, changes are being made to benefits legislation all the time.

nem

[Marlin]

Re: DWP recovery from estate Pension Credit

Good afternoon welcome to LB,
It is possible that the authorities could seek repayment of any overpayment, but one
cannot predict with any certainty what the circumstances will be when your mother in law
dies, changes are being made to benefits legislation all the time.

nem

Thank you for your reply. Could you please advise how this may be classed as an over payment since she qualified for PC when the last assessment was made and had no need to report any changes to her capital according to letters received from DWP.

[nemesis45]

Re: DWP recovery from estate Pension Credit

Thank you for your reply. Could you please advise how this may be classed as an over payment since she qualified for PC when the last assessment was made and had no need to report any changes to her capital according to letters received from DWP.

For that I would most certainly need a crystal ball to look into the " reasoning" of the DWP having seen just yesterday
an application of a particular benefit being approved all conditions met, yet later in the same letter the department has
a reason for not paying the benefit.
What the law and other provisions may or not be in place when the event happens is impossible to guess as for the present
time no I don't believe there should be a problem.

nem

[anmarj]

Re: DWP recovery from estate Pension Credit

When an estate has been sent to probate, all that is stated is the amount, it does not explain how it is made up, depending on what is declared may or may not trigger an investigation. All you do is keep evidence of her savings and if they do investigate you can show them and the would be able to check that she had an indefinite aip.