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DWP claiming 'overpayment' from estate
- lianna
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4 years 2 weeks ago #258171 by lianna
DWP claiming 'overpayment' from estate was created by lianna
Apart from my own problems with pip, esa etc, they are now trying to claw money from my aunt's estate. She passed away Nov 2019 and probate was only granted this January. They are demanding statements of all her assets since 2003 as they say she may have been overpaid pension credit. As far as I can see what's happened is that she was on quite a lot of extra benefits because she was legally blind and needed carers, and these built up in her bank account and took her over the thresh hold. She also had alzhiemers so would not have known to inform dwp of anything. She was under the threshold for inheritance tax. Unfortunately since I live 200 miles away I have not had access to any of her bank statements etc, and am in the process of trying to obtain copies of her post office card account statements. (Of course, if there is anything left for me after the DWP have done their worst, I will lose my ESA and have to reclaim again once the money runs out). As far as I understand they can only request info for up to 12 years previously, plus we may be able to challenge on the point that she had alzhiemers and didn't know she should have contacted them. Does anyone have any experience of this?
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- Gary
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4 years 2 weeks ago #258172 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP claiming 'overpayment' from estate
Hi lianna
Unfortunately your post is outside the remit of the forum and can be quite complex, you need to seek legal help from an organisation specialising in that area of law.
The first question to ask is did your aunt have a Lasting Power of Attorney (LPA)? This is a legal document enabling one or more people to make decisions on your aunt’s behalf if they lose capacity to do so themselves.
An LPA can only be set up when an individual has mental capacity. If an LPA has not been arranged before someone loses this capacity, a ‘deputyship’ application can be made to the Court of Protection. This court specifically looks after individuals who can no longer make their own decisions.
You need to ask the question, who if anyone had control over your aunt's finances when she was alive?
When you say you will loose your ESA, are you in receipt of IR ESA or CB ESA? if you are in receipt of IR ESA then it will stop if your capital/savings go over £16k, if you receive CB ESA then any inheritance will make no difference. PIP will not be affected.
Gary
Unfortunately your post is outside the remit of the forum and can be quite complex, you need to seek legal help from an organisation specialising in that area of law.
The first question to ask is did your aunt have a Lasting Power of Attorney (LPA)? This is a legal document enabling one or more people to make decisions on your aunt’s behalf if they lose capacity to do so themselves.
An LPA can only be set up when an individual has mental capacity. If an LPA has not been arranged before someone loses this capacity, a ‘deputyship’ application can be made to the Court of Protection. This court specifically looks after individuals who can no longer make their own decisions.
You need to ask the question, who if anyone had control over your aunt's finances when she was alive?
When you say you will loose your ESA, are you in receipt of IR ESA or CB ESA? if you are in receipt of IR ESA then it will stop if your capital/savings go over £16k, if you receive CB ESA then any inheritance will make no difference. PIP will not be affected.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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4 years 2 weeks ago #258173 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP claiming 'overpayment' from estate
Hi lianna,
Firstly I am very sorry to hear about your aunt. I know from personal experience that trying to resolve a relative's estate can be very difficult and challenging, particularly when you are still grieving. I'm afraid I do t know much about these sorts of overpayment, however there is some more information here;
www.gov.uk/benefit-overpayments/repaymen...hen-someone-has-died
DWP should explain any overpayment, but this is quite a technical area, and you may wish to seek specialist advice from eg CAB.
As per Gary, in respect of your ESA, if you receive under £6000, assuming you have no other savings, your ESA will not be affected. Up to £16000 is allowed as savings. However with capital from £6k to 16kwill be taken into account and will be deemed to make income of £1 for each £250 over £6k.
If you have debts to pay, or need house repairs, or even dentistry then it may be possible for you to pay for these, to take your inheritance under the limit, but please keep receipts. Again you may wish to take specialist advice on what you may be able to do.
Only income based ESA is affected by capital or extra income. PiP is nit affected either.
I hope this helps a little. I trust that you get get everything sorted without too much difficulty.
LL26
Firstly I am very sorry to hear about your aunt. I know from personal experience that trying to resolve a relative's estate can be very difficult and challenging, particularly when you are still grieving. I'm afraid I do t know much about these sorts of overpayment, however there is some more information here;
www.gov.uk/benefit-overpayments/repaymen...hen-someone-has-died
DWP should explain any overpayment, but this is quite a technical area, and you may wish to seek specialist advice from eg CAB.
As per Gary, in respect of your ESA, if you receive under £6000, assuming you have no other savings, your ESA will not be affected. Up to £16000 is allowed as savings. However with capital from £6k to 16kwill be taken into account and will be deemed to make income of £1 for each £250 over £6k.
If you have debts to pay, or need house repairs, or even dentistry then it may be possible for you to pay for these, to take your inheritance under the limit, but please keep receipts. Again you may wish to take specialist advice on what you may be able to do.
Only income based ESA is affected by capital or extra income. PiP is nit affected either.
I hope this helps a little. I trust that you get get everything sorted without too much difficulty.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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