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Overpayment of Attendance Allowance?

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Early in December my dad died, after spending exactly 6 weeks in hospital. My mum had written to the DWP to say he was in hospital, but I don't think she ever heard back from them.

As one of his executors, I got the letters to say that two weeks AA and SRP had been overpaid, for the two weeks after his death.

I thought (wrongly) that AA remained payable for 6 weeks after someone went into hospital, but after some posts here alerted me to the error of my ways I phoned DWP to clarify.

I said that I thought we had more of an overpayment than they did, because Dad had been in hospital for 6 weeks before he died, and his AA should therefore have stopped after 4 weeks.

The chap I spoke to seemed more concerned about whether making any repayment was a problem (it isn't), and didn't seem to understand my point to begin with.

I think I got through to him that Dad's AA should have stopped two weeks before he died, but he assured me that we did not and would not owe any more than set out in the letter we'd been sent.

Does that seem right to the rest of you? I realise they can't just stop AA if someone writes to say that the recipient is in hospital, especially as when Mum wrote we weren't expecting Dad to die. Maybe if she hadn't written until he'd been in for 4 weeks they would have stopped it.

But now they know Dad had AA for 2 weeks longer than he was entitled to it, should they not try to reclaim it?

It's not a problem if they do, I just don't want them waiting another 2 months and then realising we owe them more money.
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Comments

  • anmarj
    anmarj Posts: 1,826 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    no, the aa should of stopped after four weeks of hospital admission, if your mum wrote in then the department should of acted upon, when you phoned were you phoning the pension centre or the debt centre, I'd give the pension centre a call and speak to them and tell them that there is an overpayment prior to his death. when you registered the death with dwp did you do it over the phone or by the registeration of death form?
  • Savvy_Sue
    Savvy_Sue Posts: 47,324 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    anmarj wrote: »
    no, the aa should of stopped after four weeks of hospital admission, if your mum wrote in then the department should of acted upon, when you phoned were you phoning the pension centre or the debt centre, I'd give the pension centre a call and speak to them and tell them that there is an overpayment prior to his death. when you registered the death with dwp did you do it over the phone or by the registeration of death form?
    It was the debt centre, which is the only information I have here. I sent in the registration of death form.

    Ho hum, Mum's not going to be pleased at being messed around, she'll say she acted in good faith etc etc etc.
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  • if they were informed at the time and took no action then it sounds to me like official error and thats why they are only after the 2 weeks repayment and no more,just pay what they are asking for then forget it
  • anmarj
    anmarj Posts: 1,826 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    from what I can remember, they try and claim back the AA regardless of who is at fault, I'd maybe give the Pension Centre a call and see what they say, debt centre at times can be pain in the *****! but your mum is right, after all she did contact the PS to let them know. If anything do it to put your mind at rest.
  • Savvy_Sue
    Savvy_Sue Posts: 47,324 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well, I phoned the pension centre, told my story, explained Dad had been in hospital for 6 weeks and that therefore I thought he'd had 2 weeks more AA than he should have done - and was STILL told that we wouldn't owe any more.

    I just don't get it - either that or THEY just don't get it, but I usually explain myself fairly well, don't I?
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  • anmarj
    anmarj Posts: 1,826 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    there is the possiblity that a request has gone back to aa unit for the two weeks and have to wait on that decision(?) is the only think I can think off, but in the end you have done all that you can.
  • Savvy_Sue
    Savvy_Sue Posts: 47,324 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    An update, if anyone cares ...

    9 MONTHS after my mum wrote to say that Dad was in hospital,and 8 MONTHS after my father's death, and 6 MONTHS after I first queried this with the Debt Management people, and 5 MONTHS after I queried it with the Pension Centre ...

    DWP have written to my brother (co-executor, but all previous correspondence has come through me!) to ask for an over payment of AA made in the last two weeks of Dad's life.

    To say that I am unimpressed is putting it mildly!
    Signature removed for peace of mind
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