funeral costs esa HB overpayment

[Tired and Weary]

Hi, Hope someone can help.

Our daughter recently died.We have had the funeral but the matter of costs is worrying.

She has no estate as such and only has around £800 in her account . She received an ESA payment of around £250 2 days after death and one weeks housing benefit of around £80.

 

My main question is her funeral has cost around £2600 + , we paid the cremation fees and cost for a celebrant up front which was around £1000. There is a £1600 bill to be paid to the funeral directors which is due on the 10th April.

My brother in law who used to be a bank manager is dealing with her money etc... on a sort of imformal basis as the estate/money is so small.

 

Can my brother in law direct all the money in her account towards funeral costs or will the DWP or council demand repayment of any overpayments?

My brother in law says they can chase after him for overpayments as we are aware the payments came into her account before we had a chance to freeze her account.

 

My wife and i are on low income but don`t qualify for a funeral grant(as far as aware) as we are only on working tax credits (without child element) and a basic state pension (without pension credit).

Any help or advice appreciated.

We are preapred to pay the remainder of the £1600 due but need clarity on how much we can use from her account.

[Sparks_]

Condolences for the loss of your daughter

 

I think ESA and HB are paid in arrears so there shouldn't be anything to pay back.

Have you looked into if you qualify for Funeral Expenses Payment (also called Funeral Payment)? https://www.gov.uk/funeral-payments

 

Condolences for the loss of your daughter

[AndyOrch]

Indeed our sincere condolences T&W

 

If you could clarify the date on the remainder of the bill

 

" which is due on the 10th April. "

 

Should that be May 10th ?

 

Andy

[Tired and Weary]

Hi, Thanks Sparks and Andy, its a very difficult time for us and money is the last thing we want to be concerned with.

Yes the bill is due on the 12th May ,i did wonder if these benefits were paid in arrears (as in she was paid them for a period when she was still here.)

 

Yes i looked at funeral payment ,but as i am not on tax credits with a child element or my wife is only in receipt of a basic state pension (we dont receive pension credit) it doesnt look like we would qualify . We do get council tax benefit but not housing benefit.

[sgtbush]

Condolences on your loss. Its a tough time, parents shouldn't have to bury their children.

 

All benefits are paid in arrears.

 

The funeral costs come out of the deceased's estate, no matter how small it is. If there is not enough and other parties are not willing to foot the bill, the local council is obliged by law to foot the bill.

It wont be lavish, you wont have limos but they will foot the basics bill.

 

https://www.moneyadviceservice.org.uk/en/articles/help-paying-for-a-funeral#what-happens-if-you-cant-afford-a-funeral

 

I also found this.it may apply if your child died in hospital.

 

•If the person died in hospital (England and Wales, Northern Ireland) contact the bereavement service or equivalent at the hospital to arrange a public health funeral. This is a basic but respectful cremation service that the hospital (or local council, below) must provide if there is no-one available to pay for the funeral.

[Tired and Weary]

Hi Sgtbush,

So does that mean that she would not have any overpayments if she received 1 weeks housing benefit of approx £75 ,the day following her death which was on a Sunday and 2 weeks ESA (approx . £250) 2-3

days after death.

I maybe haven`t been clear but the funeral has taken place early this month and there is £1600 outstanding to pay by the 10th May. We want the £800 to go for funeral costs and the family will cover the remainder .

My brother in law who is a stickler for rules and works as head of finance at a local college , is apprehensive as he`s unsure if he releases the money to the funeral directors ,whether the Council or DWP can chase him if there is technically an overpayment.

Thanks

[AndyOrch]

I assume you have informed the DWP of the death by now.....why not give he DWP a ring (brother in law) and clarify the matter ?