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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10740
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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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: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 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