I understand that the law allows 6 months after probate for a claim to be made.
Do enquiries constitute a claim?
Are the DWP exempt from this?
The DWP initially asked for information which was sent, and then sat on it for 7 months. How do I now stand regarding their enquiries?
They now require bank statements etc. back to 2/4/07
14/2/15 I rang the DWP for information
They say the original claim was a telephone claim in 2008 and was back-dated to april 2007. The DWP also say a pre-populated form was sent out for signature which they say they have.
They have also said that there were no reviews since then and they are not required. I understand that they should have issued an Annual review (uprating Letter) Is this a legal requirement?
Are the DWP legally required to conduct an annual review of the claimants claim for Pension Credit? If so does the lack of any review negate or reduce the DWP claim?
And more importantly Does it limit their right to go back 6 years?
Do I have to comply with their request for 6 years statements etc?
The Statute of limitations runs for 6 years from the cause of action. Does this apply to DWP claims. After that time it appears that they can only deduct monies from current benefit payments, which is not possible as my mother is no longer claiming, or can they transfer the debt to me as administrator?.
When is the cause of action on a weekly payment running back many years?
Is this 6years from death? 6 years from probate? 6 years from original enquiry? Or 6 years from the actual claim of a sum of money for repayment? This is relevant as no actual claim has yet been made, just a request for information.
I have been informed that if she had over £55,000 in savings in 2007 then she was not entitled to PC. She did have savings over the threshold limit in 2007.
I have now posted a notice in the Gazette, however I think this may be irrelevant as the DWP were informed in January 2014. I also appreciate that doing nothing is not an option. On the contrary I feel I have been pro-active in writing to them.
Over a year and I am still waiting for the DWP to actually make a decision as to whether the estate owes them anything. I find this state of affairs quite ridiculous. It seems wrong that this can be held up for an indefinite amount of time, in effect held up in perpetuity until they say it is clear. I try to deal with them and are getting nowhere. I would have thought there should have been a time limit on their deliberations and their making a claim, after which the executor was free to wind up the estate. What about the administrators probate year?
I have already written to them with a deadline. They ignored the letter.
What is a JR?
Probably why it has never been challenged.
I am not familiar with the issues relating to the DVLA. However I seem to remember reading; in the Times I think; about restrictions being put in place to limit the ability of people to push for cases in the high court by limiting the costs claimable from the other party.
This is an interesting topic for debate, but not one for here I think.
I am trying to resolve my problem so I can go on an adventure. I had to put it off last year and rescheduled for this year. That has cost me enough already. and Government will not be held responsible for my costs. This is the second time in my life the Govt' has cost me money by their maladministration.
Thank you for your response.