How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10606
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

Can you tell if, when a non fee paying resident in a care/residential

Customer Question

Can you tell if, when a non fee paying resident in a care/residential home dies, do the DWP/Head Office of the home do a financial Services Check on the deceased?

Also, when the estate is settled - either where there is a will or not - do the DWP/Head Office of the home require details of the estate?

Lastly, are random searches completed by the DWP with regards XXXXX XXXXX issue on current residents?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

Upon the death of a person who is receiving state benefits, DWP always write to the next of kin/Executor of the Will, asking them to disclose the value of the assets of the deceased, to check that there has been no overpayment of state benefits during the person's lifetime.

The next of kin/Executor is legally responsible for completing the necessary Statement of Assets and liabilities. (The form asks what savings/assets the deceased had/any income they were receiving and details of any outgoings).
If , then it appears too much benefit has been paid, the Estate is under a duty to pay back any overpayment of Benefits that have been received.

DWP wouldn't normally do any secretive assessments during the person's lifetime- only if they got wind of the idea that a true disclosure of assets had not been made by the person.

I hope this sets out the legal position to you.

Kind Regards
AL