Hi.
My Mother In Law went into a care home and was diagnosed with dementia in 2018.
She had been in receipt of a disability benefit which she no longer qualified for as she had gone into a care home. however her husband did not inform the DWP and the benefit continued to be paid until he died in 2020, at which time the DWP were informed and this payment stopped.
My MIL died in February this year and the DWP have sent a letter asking for repayment of this overpayment.
Our point of view is if my MIL had no capacity then she cannot be responsible for the overpayment as her next of kin(husband) received the money and died leaving no estate. My wife had to pay for his funeral. So surely she was not responsible for the overpayment as she could no longer claim due to her incapacity. And the mistake was by a third party (her husband)
Does anyone have advice or experience with similar issues please?
My Mother In Law went into a care home and was diagnosed with dementia in 2018.
She had been in receipt of a disability benefit which she no longer qualified for as she had gone into a care home. however her husband did not inform the DWP and the benefit continued to be paid until he died in 2020, at which time the DWP were informed and this payment stopped.
My MIL died in February this year and the DWP have sent a letter asking for repayment of this overpayment.
Our point of view is if my MIL had no capacity then she cannot be responsible for the overpayment as her next of kin(husband) received the money and died leaving no estate. My wife had to pay for his funeral. So surely she was not responsible for the overpayment as she could no longer claim due to her incapacity. And the mistake was by a third party (her husband)
Does anyone have advice or experience with similar issues please?
