Unsecure chicken perches

[newcountrygirl]

My Mum died in August and I handled her estate, probate etc. She was 87 when she died and was suffering from vascular dementia so couldn't remember things or do much for herself. Back in September 2010 her social worker advised us that she thought Mum should be entitled to carers allowance and other benefits. A chap came out from the relevant office and advised her that she should also be entitled to pension credit. He filled in all the forms and inspected her bank account, and her two building society passbooks. She eventually got a letter through saying she was entitled to 32.22 per week backdated to June 2010, although I am not sure why it was backdated. After her death I applied for and received probate and the probate inform the pensions service automatically. I received a very strong letter saying that they felt she had been paid too much and asking me to fill in a form giving details of everything at the date of death which I did. I then received another strongly worded letter saying that I was responsible as mums executor for paying them back and they would be in touch. Today I got another letter saying that the information I had given them did not tally with the details which we given when she applied - well they wouldn't would they cos it was a year later. I now have to send her bank statements, and building society passbooks showing what was in the account in June 2010 - which was exactly what we showed them when the application was made.

 

The worry is driving me mad - all this tooing and froing and I feel I have somehow let Mum down - as she could never bear to think she owed any money to anyone. It's not as if I don't want to pay back any overpayment if it is owed but I don't understand why the information which was correct when the application was made and verified by the interviewer is now being disbelieved. Has anyone else experienced this?

[Ain't Nobody Here]

How horrible for you . I'm really sorry, I don't have any experience of this, just wanted to offer sympathy . It sounds like they're being really unfair and insensitive . Your mum certainly wouldn't have thought you were letting her down - it's not your fault so don't blame yourself.

 

Hope you manage to get it sorted soon .

[Chicken shack]

This happened when my mother died 4 years ago, she was 89. She didn't want any finacial assistance but my sister helped her apply and honestly completed the form. But she would not touch the money and let it build up in her building society account. Her savings went over the amount she was allowed to have without us knowing. Our solicitor rightly noticed the large amount and we had to send all her bank books to health and pensions. I think thats what its called. Over a year later they sent it all back and said that all was in order and we didn't have to pay anything back. To us it was a large amount of cash but I guess to them it was peanuts. We didn't fret over it and let the process take it's course. The letters are standard format and have no compasion. Please do not take the curt manner in which they are written to heart. Let the system do it's thing and remember happier times with your mum.

[sparkysmum]

Like Vicki, I have no experience of these matters but it does seem as though the officials are behaving in a totally insensitive & compassion-less manner. Wishing you great strength to deal with these matters. So sorry you lost your Mum. Alli x

[keyhole kate]

As chicken shack said these letters go out and have no compassion for relatives feelings when my FIL passed away a pension payment was made to his account on the day he died my SIL who dealt with his finances closed the account and cut up his card as advised by the DWP all unknown to my OH until he was contacted by the DWP as he had reported the death to the registrar as they wanted the overpayment back after much tooing and froing they accepted that my Oh couldn't't access a closed account and as the post office had closed it the money was drifting around in the ethos they finaly saw sense and gave up. honestly don't worry yourself you haven't let anyone down as usual it's a case of there right hand not knowing what here left hand is doing. My thoughts go out to you I have been in your shoes and it is very early days for you since losing your Mum and a very emotional time without any added stress.

Xx hugs xX

[newcountrygirl]

Thanks everyone for your kind words and support. I will get it sorted but it just makes me so angry.

[maryanningstreasures]

I had a similar situation and they said i had no evidence to back up my appeal against their inaccurate assessment. However I always record all phone calls with agencies such as DWP and when I sent them a recording and transcript of the original phone calls in which the disputed issue was 'owned' by them, I won.

 

Always record all calls, save all emails. Ask and obtain names of all concerned and go to the Citizens Advice Bureau. It's a busy time for them but they will help.

 

Good luck. I was a psychiatric nurse for many years ands had endless dealings with these government agencies. They make far more mistakes then most of us will ever know.

[maryanningstreasures]

Oh and BTW, they backdate some applications when there is evidence that 1) the benefit was not known about; 2) incapacity making application more difficult 3) when there are health and social care agencies involved that can 'swing' a backdated claim; 4)wrong advice from a DWP worker/advisor.

Plus other criteria apply too.

 

But if they decided upon backdating and not because you asked for it, then the responsibility lies with them and you are not liable for repaying it.

[jackie45]

My father died in January and we received a letter from DWP about overpayment of his allowances. Both my sister and I live a fair distance from Dad's home and we had no idea that we (or he) should have informed DWP when he went into hospital or even the correct date.Our solicitor had to send in all the bank statements etc and in the end there was nothing to pay back. It still is a shock to get this type of letter implying that fraud has been committed at such a difficult time as bereavement.

I hope everything gets sorted out.

best wishes

Jackie

[Calamity Jane]

How awful for you to have to go through all this and cope with your mother's death. I have no advice except that you are doing your mum proud.

[freddie]

I'm so sorry that you're having to go through all this. I had the same, when mum died. It was not pleasant. Keep a folder for each seperate thing(water, rates, DWP etc), and keep it in order, and write down every call you make, every email sent etc, ask for a reply by a certain date, and ask for a ref/log number.

I hope it all goes ok, please dont take any of it personally, it seemed to me that I was the only one who did my "job" properly when i was executor.

Take care of yourself, as well, as it is a hugely stressful time , for you without all this.

Hugs from here, and kindest thoughts

[newcountrygirl]

Thanks to everyone for your kind words and advice. It makes me feel better just knowing i am not the only one going through this. I feel so annoyed though as an advisor came to her house and inspected all the relevant docs and everything. They told us Mum was entitled to it not us trying to claim it. People just dont do their jobs correctly any more and the innocent ones are the people who have to pay for their errors not the sly people who know every loophole and get away with claims for years.

[donald]

They are typical bureacratic entities and unfortunatly during this recession they will try to reap back every penny which as you say is fine if you owe it.

 

Make sure you send everything signed for etc point out they did all the form filling etc. No doubt as has happened we still got letters addressed to our mother for a few months even after she died! We are all just a number in the big pot!

 

Good luck hopefully its just the process that you will have to go through to tie up the lose ends.

[cathybc]

So sorry to hear about your troubles.

 

We had similiar problems with HMRC. They wrote to my dad in the Decmber to say he owed no tax. He died a month later and a week after that we received a letter saying he did owe tax (an issue in itself!). I rang to let them know he had died, my mum had no access to money at that time, and all they could say was,when will it be paid, how long will probate be,etc. My only regret is not kicking up a stink. But one is too fragile at the time.

 

Really hope it gets sorted soon, easy to say but try not to worry.

 

It makes me so angry too when some people seem to get away with defrauding large amounts and others are put through the mill when they have done nothing wrong.

 

Thinking of you.

[Guest]

If all the correct info was given at the time it will be alright! One hand doesn't know or care what the other is doing in most govt departments!

It always amazes me when you hear of people getting huge amounts from them - as you have to be quite savvy to "work" the system!

[newcountrygirl]

Thanks again everyone - I know it will get sorted out - but it's nice to be able to sound off to someone!!!