Is Contributory State Pension a Social Welfare Payment?

Discussion in 'Wills, inheritances and gifts' started by Prosper, Dec 5, 2016.

  1. Prosper

    Prosper Registered User

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    I've completed the CA24 form and have answered NO the question "Was the deceased in receipt of any Social Welfare Payments". My deceased father had worked for the same employer, without any break in service from age 14 to 61. He recently died aged 93 and in addition to his pension from his former employer, he was also getting the State Pension.
     
  2. gipimann

    gipimann Frequent Poster

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    Yes, the State Pension (Contributory) is a Social Welfare Payment.
     
  3. Prosper

    Prosper Registered User

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    Ok thanks, so I'll now answer YES to that question on the CA24. The next question asks "Has the Department of Social Protection any claim against the estate of the deceased?" Payments that came into his account after he died have been refunded to Social Welfare. So I can't think of any claim the DSP could have against the estate. I take it that I'm safe enough to answer NO to that question??
     
  4. Thirsty

    Thirsty Frequent Poster

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    You should write to Social Welfare and ask them for a letter to that effect; don't rely on what you 'think' might be ok. The CA24 is a legal document.

    Same for Revenue Commissioners btw, get a letter from them also.
     
  5. Bronte

    Bronte Frequent Poster

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    I wrote NO to that question and got no letter from SW. I didn't even think of doing so as I informed them immediately of the death etc.
     
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  6. Prosper

    Prosper Registered User

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    Thirsty - I phoned DSP and the person I spoke to checked with a supervisor and said that my Dads contributory pension was considered a social welfare payment and so I should mark YES on the CA24. Are you saying I should write to them now, before I make the application to the Probate Office, to get a letter from them confirming that they have no claim against the estate?
     
  7. Thirsty

    Thirsty Frequent Poster

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    IANAL - however I did DIY probate for a relatives' estate and I would recommend getting a letter. When you get to your interview with the Probate office, you will need a paper trail to support everything on the CA24.
     
  8. Prosper

    Prosper Registered User

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    Last edited: Dec 7, 2016
    Will do thanks. BTY I'm a new user of AAM and I looked back over posts on DIY probate over last few years and your posts have certainly reassured me to go DIY. We used my Dads solicitor for my mothers very small estate and it took 18 months. I now find that she was a joint holder of Verizon/Vodafone shares with Dad and now that he's gone I've only just realised it. If I had done DIY probate for my mother then I'm pretty sure I'd have had them put into his sole name.
     
    Last edited: Dec 7, 2016