DWP Letter

woowoo

Registered User
Jul 20, 2013
51
0
Today I received two letters. One about dads pension credit and one about his attendance allowance. They are asking for the full amount of both to be paid back. The money registered in his bank account midnight Friday 30th August and he died on Sunday 1st September. All of his household bills are dated for the 1st of each month. The period that they want repaying is 2nd-8th September. He left no cash or savings. There was £31 in the bank account when he died. Any advice? Will be telephoning them on Monday.
 

john.phillis

Registered User
Oct 5, 2013
2
0
Bognor Regis
I fear that is the correct situation . . . . but . . . .

Those benefits are only available during the life of the person . . . So you will have to tell them there is no money to pay them back, explain why and tell them they will have to wait till the expatiate is sorted out. Contact everyone sending bills, cancel accounts, freeze interest etc otherwise you will incur more expenses.

There is still some form of death grant but it's means tested. You need to check that out,
 

nitram

Registered User
Apr 6, 2011
30,319
0
Bury
I assume that he did not leave a property, and that any possessions were of little value.

With such a small estate there is no need for you to apply for probate unless some organisation demands to see the grant.

Presumably the £31 went towards funeral expenses.

Get a copy of the bank statement showing that all the household bills were paid (by direct debit?) immediately following his death using the advance DWP payments made just before his death. Explain that there is no money in dad's estate to pay them.

You do not have to pay them from your funds, all you are doing is administering your deceased father's estate.
 

woowoo

Registered User
Jul 20, 2013
51
0
There is a house which I have lived in with him (and mum when she was alive) for 35 years. Dad and I have a joint bank account. I have now taken over all the bills. I do need probate as need the letter of probate to change the name on the deeds. The money in the bank just paid bills. I haven't paid for his funeral yet as I haven't got any money to do so. In awaiting a decision from the dwp in a funeral payment.
 

rhallacroz

Registered User
Sep 24, 2007
106
0
merseyside
I am so sorry for your loss and the thought of having to deal with all this is just not fair. I hope you get the grant sorted soon. You really don't need this at this time.
Thoughts are with you and hugs
 

nitram

Registered User
Apr 6, 2011
30,319
0
Bury
If you owned the house as joint tenants you don't need to do anything at the land registry.

If you owned it as tenants in common or your dad owned it outright you need to change the title at the land registry.
 

woowoo

Registered User
Jul 20, 2013
51
0
The house was soley in dads name so definitely need probate and then land registry. I will update tomorrow once I have spoken to DWP about the letters. I've gone back through the bank account and can show that the money paid dads household bills for August. I've also got the probate forms to show that dad didn't leave any cash or savings. Wish me luck!
 

nitram

Registered User
Apr 6, 2011
30,319
0
Bury
The DWP will want paying out of the estate, you could sell the house to raise the cash or just pay up. Pension and most benefits are usually paid weekly in advance so most people have to pay back at least a week.
 
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woowoo

Registered User
Jul 20, 2013
51
0
I'm not selling the house as it is my home and has been for 35 years. It will never, ever happen. I have no money to pay them unless they accept £10-£20 a month. Can't get blood out of a stone.
 

jenniferpa

Registered User
Jun 27, 2006
39,442
0
I think they generally will accept a payment schedule.

However, you will have to pay it. Your father might not have left any liquid assets (such as cash or savings) but if he owned even a part share in the house you are living in, that is an asset.

I'm sorry, but do push for a payment plan.
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
On your probate form you declare the full value of your dad's estate. In this case the vslue of the house , lets say £150,000 plus £31 in the bank. He received lets say £200 from the DWP which is an advance payment and has to be refunded. In addition, there is the cost of the funeral, lets say, £3000. As your dad's estate is so large you will not get a funeral payment. They may pay the undertaker then put a claim against his estate. There are rules about the order that debts have to be paid when someone dies and you are an executor of the estate. Total of his estate is £150,031 less debts of £3200, means value of the estate is £146, 831 (less than the value of the house).

You have 2 options. Sell the house or pay off the debts. Any creditors are entitled to payment FIRST and are not obliged to take payment in increments, especially when there is value in the estate. You may need to take out a bank loan in order to pay people off in full. If you say you have no money, are you on benefits? How will you be able to afford the running costs of a home if you're skint? Another option may be to release some of the equity in the house. You say they can't get blood out of a stone, but they can. The house cannot transfer to you until all the debts are cleared.

Finally, have you searched to see if there are any insurance policies that you didn't know about? Some might be paid up for example?

Fiona
 

woowoo

Registered User
Jul 20, 2013
51
0
No insurance policies. Dads pension paid our bills and my Carers allowance bought our food. I AM NOT SELLING THE HOUSE. I have a job but no payday until nov 25th as got to work a month in hand. I have spoken to the companies we have bills with and they have all agrees to defer payment until i get paid. The funeral payment has been granted based on my income - not dads estate. The funeral was done via a family friend who is happy to receive monthly payments from me so that will not be coming from dads 'estate' I can't release equity from the house as it isn't in my name yet. Not an option. I can't get a bank loan as been a Carer for 17 years and have no credit history. As I have said before, I am happy to pay it, but can't afford it all in one go.
 

woowoo

Registered User
Jul 20, 2013
51
0
I've spoken to the DWP this morning and they have agreed to write the debt off. I am not liable. If the deceased did not leave cash then they cannot have it back. The lady I spoke to was really nice and explained it all to me.
 

woowoo

Registered User
Jul 20, 2013
51
0
Yep! Have got name, phone number, time and date of the call! One less thing to worry about. X
 

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