Areas of Law / Wills and Probate

A friend has been sorting out the affairs of someone who died. Now Social Services have demanded that nearly £6,000 in benefits paid to the deceased must be handed back. As far as my friend was aware the man who died was receiving the benefits legally, so why should they have to be paid back?

There are many possible explanations, and your friend should have received a letter telling him why. It’s possible the deceased spent some time in a residential care home. Anyone with assets above £23,250 (including their house) is not entitled to help with the fees. If the council pays the fees in these circumstances they can ask for at least some of the money back. Your friend should have received a breakdown from the Social Services showing how they arrived at the £6,000 figure.

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