Employment and Support Allowance (ESA)
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Underpayment of DWP - Am I next of kin?

Hello,

So I was contacted at the end of last year informing me that my late father may have been entitled to the Income related ESA premium when transferring from incapacity benefit. I sent the first form back with details of my dad and they sent another letter confirming that he was underpaid and wanted to know which account to pay it to. 

The thing is, whilst I am the next of kin (lived with him, helped him out, filled in his forms and dealt with coroner and funeral paperwork), there is another son who is only 10. So am I the most entitled so to speak as to who the money goes to? 

DWP have now sent the executor a letter asking who they want to give the money to? The person who paid the funeral, the next of kin or someone else?

The thing is, I’d like everything to be 50/50 but as my brother is only 10, he isn’t able to apply for this money is he, so what will happen? Will the money go to me and then the executor advise that I just give him half of it when he turns 18? 

Is next of kin just one person are can the dwp split the money from their end? Judging by the letter, it looks as though only one person can apply for the money and as living with my dad at the same address, I’m sure it will go to me but just want to be sure.

Thanks. Hopefully someone has had a similar experience and will be able to share how they went on. 

Replies

  • poppy123456poppy123456 Member Posts: 23,131 Disability Gamechanger
    HI and welcome.

    As it was you that DWP contacted regarding this then usually the money is paid to this person. As there is an executor of the will then you should contact them to tell them that you would like to share this money with your brother. Hope this helps.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • GreavesyGreavesy Member Posts: 4 Listener
    Thank you very much 👍
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Welcome to the community @Greavesy! Please do let us know if there is anything else we can do to help. :)
    Scope

  • GreavesyGreavesy Member Posts: 4 Listener
    edited February 2020
    @Chloe_Scope

    Hi yes, do you know if esa underpayments can be paid into two accounts or will it be paid to just one? I’m getting the way the letter is written that it only gets paid to one account. Since one of my uncles paid for the funeral and I’m paying him back, could it go to him and then he gives me any extra if any and then divide that with the instruction of the executor to give my brother half of what’s left? 

    It does say 50/50 in the will but there was no money essentially in the estate, just his possessions to sell if he wants to at 18 and I have been paying my uncle back so I don’t know how to distribute the underpayment fairly. The executor doesn’t have a bank account either. So it’s either paid to me and then I pay off the funeral and give half of the remaining amount to my brother when he’s 18 or give it all to my uncle and then he gives me the rest for me to share 50/50 when my brother’s 18. It’s so confusing haha. 

    Thanks


  • poppy123456poppy123456 Member Posts: 23,131 Disability Gamechanger
    It's highly likely that it will be paid to the executor and not to you, even though you were the next of kin.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • GreavesyGreavesy Member Posts: 4 Listener
    Okay that’s alright then. At least there’ll be no more funeral costs to worry about paying back. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Sorry for the delay in getting back to you @greatsay. I'm glad @poppy123456 was able to offer advice here. :)
    Scope

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