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marksheff

dwp and old post office accounts

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Hello all, i need some help regarding a post office account were my late father had his pension paid into dwp are unable to tell me (nok) were his pension was paid and if he cashed it i do know that he had no bank account until 1yr prior to his death.

 

My dad had disowned me some 20yrs ago but i was contacted with the news he had died in a care home and would i deal with his funeral etc, i did as i thought it was the decent thing to do now im wishing i hadn’t done it as i've now got to pay dwp a substantial amount of money back to dwp because he had large amount of money on his person which ended up getting put into a bank account 1 yr before he died . the money was classed as old currency/money so the dwp are using the same amount of money going back 11yrs then coming up with the overpayment which i have to pay back.

 

My dad had a very complex lifestyle in that he had no gas/electric at his home and he was being fed by soup kitchens we do know he had mental health problems, i'm not in any way a money grabber but if im having to pay a large amount of money back i need proof that he actually cashed his pension and were but all the dwp can tell me is his pension was paid into a post office account were he lived but can't tell me anymore,ive done the (my lost accounts) online with banks and post office but they come back saying no accounts.

 

Im now thinking that the post office dwp payment system might not come under the ns&i system hence why they can't find any old accounts or am i wrong, im struggling to get any further with this i would appreciate it if anyone knows anything re:tracing the account . When i emptied his room in the care home he had no money not a penny, thats why im thinking he never cashed his pension .re: the bank account he opened prior to his death the money has gone paying for a funeral debts and nursing home fees.

 

Thanks for reading. 

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Have you asked the Care Home Management how his fees were being paid and if they dealt with his day to day expenses  ?  You can DSAR the DWP and use Freedom of Information Act request to the relative council to get the information required.

 

The request will also clarify why they are requesting repayment.

 

Andy

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hello andy and thanks, firstly his care home fees were only paid days after he died that was by direct debit which was a large amount for the time he was there, secondly ive done a right of access with the dwp but still waiting for that but i'm not even sure if it will give details of how he was paid .   is the dsar the same as roa?  

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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does it matter that he didn't live in devon, i've searched for sheffield but nothing .  

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The problem you will face in getting information is that although you are next of kin but you are not either (1) the Executor appointed under his Will (I assume he hasn't got a Will) or (2) his legal Administrator appointed by the Probate office. ['Administrator' is the equivalent of Executor when someone died without leaving a Will.] As a general rule only Executors or Adminstrators have the legal right to information. Next of kin have no rights.

 

It also sounds like he has died leaving no money at all. Is that correct? 

 

There are two key things to bear in mind:

 

(A) As next of kin you have no legal obligation to do anything. The law does not require you sort out your late father's affairs. Anything you do to help is purely giving some voluntary and informal assistance. You can stop 'helping' the DWP any time you want to. Did you register the death? If so, that also doesn't put any duty on you to sort out your father's affairs. 

 

(B) Next of kin/family members are never responsible for paying anything back to the the DWP out of their own money. So if your father died leaving nothing (after funeral and care home costs paid) then that's tough luck for DWP.  They can't recover your father's overpaid benefits from you. If they think the overpaid benefits are in an old Post Office account you could simply tell them you found no information about any such account and can't help them. Then they can go look for it themselves if they want to! The only reason you might want to keep searching yourself is because the account could contain far more money than DWP are owed which you would then inherit.

Edited by Ethel Street
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there was no will so i had to apply for probate i informed dwp of his death which seampt to go ok until weeks after when i got this overpayment request from them,also registered his death and i've been more than helpful with the dwp debt management but they won't budge, but they are taking money from a benefit i'm in receipt of for the debt.i am now able to do an appeal has the M/R has been turned down so i will be appealing. they are not taking anything into account ie him disowning me for the last 20yrs. thanks for the response  

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I don't understand how DWP can be deducting money for your father's alleged debt from a benefit you receive. Can you tell us what benefit it is?

 

As there was no Will can you confirm that you have now been formally appointed as Administrator and given 'Letters of Administration' by the Probate Office?

 

What was the value of your father's Estate when he died (after paying all the money owing to the care home and paying for his funeral)?

Edited by Ethel Street

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debt management have been dealing with this for the last 18 mths . they must have done a search on me to see if i was in receipt of any benefit because i didn't tell them

its esa in on, they state im responsible as im nok and on the probate, it's not like i can put two fingers up! there taking the money regardless.

ballance few pounds . 

Edited by marksheff

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I don't know enough about benefits to advise what you should do next, sorry. Hopefully one of the benefits experts will comment.

 

But it is important to know whether you have been formally appointed as Administrator and given 'Letters of Administration' by the Probate Office. Have you? 

 

When you apply for Probate/Administration you have to say how much money your father had when he died, the value of his Estate. How much was it?

 

And how much do DWP say he owes them?

Edited by Ethel Street

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when i did the probate it asks how much money he had when he died, i don't want to go into too much on a forum, the amount was prior to his funeral ect payments .  

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Something doesn't sound right here.

 

You have been formally appointed as Administrator. So that means you  have a legal duty to deal with your late father's affairs. That means you have to pay his debts' including what he owes to the DWP (if he did in fact owe them money when he died).  But you are only required to pay his debts from his money. the money he had when he died. You don't have to pay it from your personal money.

 

So I can't understand why DWP are taking the money from you. Have they explained why they think you personally have to pay?

 

Or are they alleging that you took money from your father's Estate after he died and spent it yourself before paying his debts to the DWP?

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dwp have seen the probate they say they can do that and they are going on the figure that on the probate prior to his expenses . they are not alleging that i've done wrong, all they are doing is working on assumptions . there's no proof he's always had the said amount, also wanting to find out if there is a post office account with his pension in as i don't believe he has cashed his pension,but as i've said dwp can't/won't tell me if he's actually cashed the pension. thanks for your help . :-) 

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When you say he cashed the pension, do you mean that he withdrew it [or not] from the Post Office account?

 

Have you told the DWP what expenses came out of the account, funeral expenses and so on?

 

HB


Illegitimi non carborundum

 

 

 

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sorry i mean i don't believe he withdrew any or most of it. because of the lifestyle he lead .yes dwp are aware of all the expenses .  

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Pretty certain that DWP cannot add a debt to your benefits, which you did not personally incur.

 

If you took out government help for funeral costs that would be different.

 

Start a complaint with DWP and send a copy to your local MP.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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i've got the option to appeal which i will do and get a chance to have my say on things. every forum i've read are saying the same they cannot pass the debt on to family members. but obviously dwp have there own rules mainly assumptions. 

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https://www.postoffice.co.uk/post-office-card-account These are the accounts the DWP were meaning. To close the account a form needs to be collected from the post office to be sent away, its administered by the Post Office.

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