Department for Work & Pensions Claims on Estates – What does this mean?

By Section 126 of the Social Security Act 1992, the Department for Work and Pensions (DWP) can investigate the assets held by a deceased after they have passed away. This usually takes place where the individual who has passed away was in receipt of means tested benefits so that the DWP can compare what the individual declared they owned at the time of applying for the benefits with what was owned at the date of death. If the figures do not match up, the DWP will likely require more information concerning the assets of the individual at the time they applied for those benefits to ensure that they were receiving the correct amount of benefits. If not, a sum of money may have to be repaid.

A notification of an investigation usually arises after the Grant of Representation has been issued.

Can I just ignore this type of investigation?

No, DWP investigations are treated as claims against the estate and the institution’s requests must be taken seriously. Due to the nature of the investigations, we do not recommend that an estate be distributed until the investigation has concluded. This is often frustrating for family members as the investigations can take some time, but it is important that compliance with the DWP is made.

What can I do if the bank or financial institution will not provide me with the information required?

If the deceased has been in receipt of means-tested benefits for many years, it may be that they applied for the benefits decades ago and the banks/financial institutions do not have records of the balances at that time. In this situation, ask the institution to provide the earliest balance possible.

If you find a bank that was not declared to the DWP at the time of applying, disclosing this information now is important.

What can we do to help?

We can assist by advising you on the process of a DWP investigation and obtaining the relevant details from the institutions as at the date that they applied for the benefits to ensure a speedy response to any enquiries from the DWP. When we are dealing with the administration of an estate, we will automatically deal with the investigation as part of our service. Please contact our expert team on 0800 015 0340 for support and advice.