DWP trying to take money back!

Options
tracey281083
tracey281083 Posts: 2 Newbie
in Pensions, annuities & retirement planning
My grandad passed away 3 months ago to the day and today my mother (his next of kin) received a letter from the DWP stating that he was over paid £150 for the week after he died. My mum had informed them of his death just after he passed away and the money that was left in his bank account was paid from his bank towards his funeral costs. Its been three months already and we didnt know he was paid this money. Do we have to pay it them back!?
«13

Comments

  • jem16
    jem16 Posts: 19,398 Forumite
    Name Dropper First Post First Anniversary Photogenic
    Options
    tracey281083 wrote: »
    Do we have to pay it them back!?

    Yes you do.
  • tracey281083
    tracey281083 Posts: 2 Newbie
    Options
    Even though it was their fault? They are still paying off the funeral and head stone!
  • jem16
    jem16 Posts: 19,398 Forumite
    Name Dropper First Post First Anniversary Photogenic
    Options
    The amount that was overpaid was the week after your grandad died and although DWP was informed it was probably too late to stop/amend that payment.

    If there was an underpayment would you be looking for it to be paid back or would you just ignore and say it was their fault?

    It's unfortunate but your grandad's estate is not entitled to that money.
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    Options
    jem16 wrote: »
    The amount that was overpaid was the week after your grandad died and although DWP was informed it was probably too late to stop/amend that payment.

    If there was an underpayment would you be looking for it to be paid back or would you just ignore and say it was their fault?

    It's unfortunate but your grandad's estate is not entitled to that money.

    Would you pay it back???:A
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • jem16
    jem16 Posts: 19,398 Forumite
    Name Dropper First Post First Anniversary Photogenic
    Options
    cyclonebri1 wrote: »
    Would you pay it back???:A

    Yes I would. I might not like it but I would still pay it back.
  • atush
    atush Posts: 18,726 Forumite
    Name Dropper First Anniversary First Post
    Options
    When my dad died, he was getting a US govt pension and the equiv of the state pension.

    It was paid monthly, and we had to pay back for all the days in the month after he passed away -prorata.

    So yes, you have to pay it back, as it wasn't his/your money.
  • dunstonh
    dunstonh Posts: 116,371 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    Even though it was their fault? They are still paying off the funeral and head stone!

    Why was it the DWP fault? - these things are often processed weeks in advance. Your mum wouldnt have notified them until after death so there will always be some lag and some payment is likely after death.

    Also, why did your mum keep it if it was paid after his death? She must have realised it was not hers to keep.
    Would you pay it back???

    Like Jem, I would pay it back mumbling under my breath that I wish I didnt have to. However, you would have to have known it was not yours to keep from the start. So, you cannot complain.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • casey_junior
    casey_junior Posts: 178 Forumite
    Options
    If your Granda was receiving certain benefits, your mum can claim for funeral costs.
    Look up Direct.gov under Funeral Benefits.
    Sorry for your loss.
  • datostar
    datostar Posts: 1,288 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Options
    When my father died last year, he was on the 4 weekly payment cycle. His last payment went into his bank on the 22nd of the month and he died on the 31st. They paid a week's pension into the estate very quickly after being sent a copy of the Death Cert. Swings and roundabouts, I suppose.
    Obviously they'll expect overpayments to be returned, but if there's no money left in the estate that might be difficult. On the other hand, they could argue that they put the overpayment into the estate in the first place and it should not have been spent.
  • Mee
    Mee Posts: 1,441 Forumite
    Name Dropper First Anniversary Photogenic First Post
    edited 16 September 2011 at 8:58PM
    Options
    tracey281083 wrote: »
    My grandad passed away 3 months ago to the day and today my mother (his next of kin) received a letter from the DWP stating that he was over paid £150 for the week after he died. My mum had informed them of his death just after he passed away and the money that was left in his bank account was paid from his bank towards his funeral costs. Its been three months already and we didnt know he was paid this money. Do we have to pay it them back!?

    Firstly, my condolences. Yes, they are entitled to claim/claw back overpayments, but there are exceptions (see http://www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=17435&c=1).
    My sympathy, but in some ways they're lucky that it is one payment. I had to obtain six year's of bank statements to prove that the DWP hadn't overpaid my father. My father's passing was bad enough, but dealing with the DWP was like dealing with Grim Reaper himself...
    Free thinker.:cool:
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards