Moving on after my mum’s death

[nita]

The relevance of the year 2003 is the date when pension credit started to be awarded to anyone eligible. I got it wrong when I said the 1990s. So they are interested in her financial position back then when she applied. I think I had to ask the banks for some statements as I didn't hold them back that far and the banks took some time as that far back was archived.

 

[nita]

By the way, I didn't think one's assets such as a house came into the equation when getting pension credit.

 

[nita]

These are the Savings Rules for Benefits for over 60s:-

Items that are disregarded capital include:

• your home
• the value of any property occupied by some who is a 'close relative' if they have reached pension credit qualifying age or are 'incapacitated'
• the value of a property for up to 26 weeks if you have acquired it to live there, you are trying to sell it, you are carrying out essential repairs or alterations in order to live there, or you are taking legal advice so that you can live there
• the value of a former home for up to 26 weeks if you have left because of a relationship breakdown (or indefinitely if your former partner lives there and is a lone parent)
• sale proceeds of your home for up to six months if you intend to buy another home
• money from insurance claims for up to six months if used to replace or repair
• money such as a loan or grant to pay for essential repairs or improvements

Other disregards include:

• your personal possessions such as jewellery, furniture or a car
• your business assets
• any life insurance policy which has not been cashed in
• the value of a pre-paid funeral plan
• any charge for currency conversion if your capital is not held in sterling
• any Social Fund grant payments
• arrears of certain state benefits
• a lump-sum payment received because you deferred drawing your state pension for 52 weeks or more
• certain compensation payments

If you deprive yourself of capital in order to increase the amount of benefit you get you can be treated as if you still had that capital, this is called ‘notional capital’. This might occur if you give money away to members of your family or buy expensive items in order to reduce your capital.

You will not be considered to have deprived yourself of capital if you have paid off debts or used money for ‘reasonable’ spending on goods and services.

If you are refused benefit because of notional capital you should seek advice and consider appealing against the decision.

https://www.entitledto.co.uk/help/savings-over-60

By the way, I think the executor was wrong to rely on the banks to forward the statements to the DWP. They should have been sent to him to check and then forward on to the DWP.

 

[Kikki21]

Ask the DWP to ask the VOA for the relevant value

What the Valuation Office Agency does

The Valuation Office Agency (VOA) gives the government the valuations and property advice needed to support taxation and benefits.

https://www.gov.uk/government/organisations/valuation-office-agency

Thank you - hopefully that is what they will do themselves!

 

[Kikki21]

It’s a shame he didn’t ‘stand down’ from his Executor role in the beginning if he’s so incompetent and let a Solicitor handle the whole thing - expensive yes but sometimes the easier option - oh well, fingers crossed

The ideal situation would have been if he stood down & I applied to be the administrator of the estate. It would have helped in so many ways but he stood firm over not standing down. One of my cousins K was only too happy to renounce as the other executor despite being retired!

 

[Kikki21]

Oh dear - so sorry to read of these further trials and problems.
Hoping it will get sorted before too long.

Glad you have your house now, anyway. xx

Thank you @Marcelle123 I’m very grateful for the house & very happy how it is coming along & that so far everything is working out very well, we just need this DWP business to sort itself out! Xx

 

[Kikki21]

These are the Savings Rules for Benefits for over 60s:-

Items that are disregarded capital include:

• your home
• the value of any property occupied by some who is a 'close relative' if they have reached pension credit qualifying age or are 'incapacitated'
• the value of a property for up to 26 weeks if you have acquired it to live there, you are trying to sell it, you are carrying out essential repairs or alterations in order to live there, or you are taking legal advice so that you can live there
• the value of a former home for up to 26 weeks if you have left because of a relationship breakdown (or indefinitely if your former partner lives there and is a lone parent)
• sale proceeds of your home for up to six months if you intend to buy another home
• money from insurance claims for up to six months if used to replace or repair
• money such as a loan or grant to pay for essential repairs or improvements

Other disregards include:

• your personal possessions such as jewellery, furniture or a car
• your business assets
• any life insurance policy which has not been cashed in
• the value of a pre-paid funeral plan
• any charge for currency conversion if your capital is not held in sterling
• any Social Fund grant payments
• arrears of certain state benefits
• a lump-sum payment received because you deferred drawing your state pension for 52 weeks or more
• certain compensation payments

If you deprive yourself of capital in order to increase the amount of benefit you get you can be treated as if you still had that capital, this is called ‘notional capital’. This might occur if you give money away to members of your family or buy expensive items in order to reduce your capital.

You will not be considered to have deprived yourself of capital if you have paid off debts or used money for ‘reasonable’ spending on goods and services.

If you are refused benefit because of notional capital you should seek advice and consider appealing against the decision.

https://www.entitledto.co.uk/help/savings-over-60

By the way, I think the executor was wrong to rely on the banks to forward the statements to the DWP. They should have been sent to him to check and then forward on to the DWP.

Thank you that is really useful information. I still don’t know why the DWP would look into the value of the house in 2003 especially as it isn’t relevant when it comes to disregarded capital. That’s even more baffling!
To be honest the executor wouldn’t know what he was looking for in the bank statements as he didn’t have any handle on what benefits my mum was getting or what she was entitled to. Another reason as to why he isn’t the best suited for this duty!

 

[Kikki21]

The relevance of the year 2003 is the date when pension credit started to be awarded to anyone eligible. I got it wrong when I said the 1990s. So they are interested in her financial position back then when she applied. I think I had to ask the banks for some statements as I didn't hold them back that far and the banks took some time as that far back was archived.

Ah I see why it is relevant then to that date but they have specifically asked to look at her assets meaning the value of her bungalow in 2003.

 

[nita]

Ah I see why it is relevant then to that date but they have specifically asked to look at her assets meaning the value of her bungalow in 2003.

I think they mean any savings or investments. Have they specifically mentioned the bungalow? They should only be interested in any other property you own, other than your main residence. By the way, the burden of proof rests with the claimant's representative unfortunately - they won't do any digging themselves! It makes you feel like a criminal.

 

[Kikki21]

I think they mean any savings or investments. Have they specifically mentioned the bungalow? They should only be interested in any other property you own, other than your main residence. By the way, the burden of proof rests with the claimant's representative unfortunately - they won't do any digging themselves! It makes you feel like a criminal.

It looks like they want to look at her financial situation back in 2003 as you say & her assets which basically mean her bungalow. She didn’t own any other property.
And then they are looking at the last year of her life & that seems to be it. I have chased up the executor & he said he has chased the bank up & I have urged him that it had to be sorted ASAP now.

 

[Kikki21]

So I’m packing more stuff, sorting through stuff to bin & for charity & then helping to renovate the house as well.
We are doing well, lining paper now on in 2 rooms so next up finishing off painting & then applying actual wallpaper. I was painting doors today - there were good, wooden doors in the house, expensive ones which we have painted white & still painting.
I have nearly ordered all of our kitchen now plus ordered 2 wardrobes today, we don’t have any at all & a few bits like a new light pendant for the master bedroom & new curtains for the master bedroom - we hope to be moving the bedrooms across for next week & then we will concentrate on getting the lounge ready..... my poor boyfriend is shattered after this week. He’s been working on the house before work & today he’s worked all day ( with breaks!) on the house. Next week he is on his early shift & finishes at 2pm so he’s looking forward to really cracking on with the house.
We are doing a bit more tomorrow morning & we need to go shopping for some more decorating stuff but we are taking the afternoon off for a well deserved rest! Xx

 

[DianeW]

Lovely to read your update it’s such hard work isn’t it??, especially all the decorating and extra work too.

Exciting though, choosing everything and making a new home, I am sure it will be lovely when it’s done, I would love to see pictures.

Sounds like your really cracking on though, I know it’s hard being so tired but you just can’t stop.......

Have a nice afternoon off, maybe go and have a nice lunch out and relax a little!!!

 

[Kikki21]

Lovely to read your update it’s such hard work isn’t it??, especially all the decorating and extra work too.

Exciting though, choosing everything and making a new home, I am sure it will be lovely when it’s done, I would love to see pictures.

Sounds like your really cracking on though, I know it’s hard being so tired but you just can’t stop.......

Have a nice afternoon off, maybe go and have a nice lunch out and relax a little!!!

Well we were going to stop & have the afternoon off but my boyfriend decided not to - it was his call but I’m making dinner in about 15 mins so it is time to have a good break away. He had to swap his mitre saw for another one as it seemed faulty & it was so that was a good call as the new one is working perfectly so he got some more tools as well & is working happily away.
My duties are painting doors & helping with lining paper hanging & then tomorrow we will be doing real wall paper hanging! I will definitely do before & after photos after we finish each room as we are also doing the flooring too.
But for now, my quarter Bengal tabby loves to follow my boyfriend & I around & well she’s made herself quite at home in her new home with us!

 

[DianeW]

Ahhh she’s lovely such a proud pose!!

My daughter has a cat Lola, we call her Princess Lola because she is treated so, my daughter worships her and as she has some MH issues Lola is so good for her too.

Here’s Lola...

 

[Kikki21]

Ahhh she’s lovely such a proud pose!!

My daughter has a cat Lola, we call her Princess Lola because she is treated so, my daughter worships her and as she has some MH issues Lola is so good for her too.

Here’s Lola...

ah Lola is beautiful! Yes Kali the tabby is a massive diva but she spent most of the day with us at the new house. She now knows when we are going across the road & will eagerly wait for us & then lead the way to the house. It’s diagonally opposite we live now in our rented place.
We are just trying to figure out where to move everything! The cats are pretty cool & great companions for us both but we hope to add to the family & get a pug too as soon as we can!

 

[DianeW]

It’s good that the new house is so close so cat will settle easily I think.

I have a dog myself and up until Lola have never really been a cat person, we have always had dogs.

My Harvey is nearly 14 now and not in particularly good health but he is doing ok, and I have to say he will be our last dog, we just don’t want to be tied down any more, Harvey is very attached to me and we can’t leave him so it really does impact our lives. He even frets when I am away overnight for work each week and that’s him left with my husband, he won’t eat, and often gets upset tummy etc....

Finding a place for everything is very hard, when we moved last I had to be very ruthless, we gave a lot away and to charity too.......it will all work out in the end and then you’ll be settled in your new home.

 

[Kikki21]

It’s good that the new house is so close so cat will settle easily I think.

I have a dog myself and up until Lola have never really been a cat person, we have always had dogs.

My Harvey is nearly 14 now and not in particularly good health but he is doing ok, and I have to say he will be our last dog, we just don’t want to be tied down any more, Harvey is very attached to me and we can’t leave him so it really does impact our lives. He even frets when I am away overnight for work each week and that’s him left with my husband, he won’t eat, and often gets upset tummy etc....

Finding a place for everything is very hard, when we moved last I had to be very ruthless, we gave a lot away and to charity too.......it will all work out in the end and then you’ll be settled in your new home.

I did wonder about how Kali will take to living across the road but she seems to have accepted that we spend time over there & then come back here & then I think when we are in finally across the road then she needs to spend a few days inside so she gets used to the fact that it is her new space. Kikki our other cat is more an indoor cat now at nearly 17 yrs of age so she is happy to just potter around the garden as long as it is safe for her & she can’t get out so we will ensure that’s the case.
My boyfriend was brought up with cats but also had a dog later in life & has missed having a dog. I have always liked both cats & dogs but it was better for me to have cats over dogs. With a pug, we would be able to leave her with his parents. Or the cats might be ok with the pug & they can be left together with my cat sitter as she also has a dog. I’m sure we can work it out at some point!
The main thing at the moment is getting renovated & moved in. It’s a bit of a construction site at the moment downstairs but upstairs is coming along, the wall paper is getting on the wall in the master bedroom. We had our kitchen worktops delivered today & more stuff coming tomorrow - it’s going to be all go for the next 3 or so weeks!

 

[DianeW]

Just think after all this hard work, Christmas in your new home !!!!

 

[Kikki21]

Just think after all this hard work, Christmas in your new home !!!!

We were talking about this yesterday that we hope to have everything sorted by Christmas & hopefully that includes the conclusion of the DWP stuff so we can all move on. We just need the electrician to come round either today or tomorrow to isolate the sockets where the wall is coming down on Thursday - we removed the kitchen cabinets from the wall. Just the cooker left now to remove but the builder will have a gas engineer with him to sort that out. Luckily the pipe is very close to where the new cooker will go so that should save us money.

 

[DianeW]

I hope you do manage to get in for Christmas.

Last year we moved early January, all Christmas I had boxes piled up, packing to do, I put the Christmas tree up and took it down on Boxing Day!!!! It was awful, just no feelings of Christmas at all.

This year I am so looking forward to Christmas and have bought a bigger tree, though if we move again it will never fit!!!!