Q My elderly father has £20,000 savings but is receiving full state benefits.

I have told him there may be a limit to the money he is allowed and he may be committing fraud each time he cashes his pension. I can’t seem to get through that he should at least make inquiries about the position to stop him possibly digging a deeper hole.

A If a person gets income support/pension credit, there are different calculations that apply as to how much capital you can have. With income support the upper limit is £16,000.

Your dad may not have been committing a criminal act if he genuinely made an error (though ignorance of the law is actually no excuse in law), but he must tell the Department for Work and Pensions of the situation.

If he continues to claim he does run a risk of prosecution.

When the time comes for him to pass away, the DWP will see information on the estate he leaves and reclaim any overpayment via the executor.

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