Areas of Law / Debt matter

If someone on disablement pension (or any other kind) dies owning property, does the law state that all benefit payments must be clawed back? A friend who sold the house of a relative after she’d died had to pay a huge sum to the DWP.

The house you live in is not taken into consideration by the DWP when calculating eligibility for the few benefits, such as pension credit, which are means-test based. Unless your friend’s relative was claiming a benefit to which she was not entitled I would guess that she was in residential care prior to her death. In this case the local authority may have put a “charge” on her house in order to recoup the care home fees from her estate. The “huge sum” will have gone to the local authority, not the DSS.

What our clients say about our lawyers

Very useful and professional advice, thank you.

Another Happy Customer


Read More

About Us

Leading legal advisors, problem solvers – all round good guys! We’re firm believers in a practical, no nonsense approach to law. Forget the jargon, we like to keep it simple – why complicate matters? No stress, no worry, just straightforward solutions to your legal issues. Free legal advice at your fingertips, from the experts to your inbox.

Free-Legal-Advice.co.uk is owned and operated by Farleys Solicitors LLP, a member of The Law Society and is regulated in the practice of law by the Solicitors Regulation Authority, Registration No: 484687. Any advice given on this site or in response to any question is only applicable to the law of England and Wales.

Privacy Policy | Terms