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DWP trying to take money back!
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# 1
tracey281083
Old 16-09-2011, 4:02 PM
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Exclamation DWP trying to take money back!

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!?
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# 2
jem16
Old 16-09-2011, 4:24 PM
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Quote:
Originally Posted by tracey281083 View Post
Do we have to pay it them back!?
Yes you do.
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# 3
tracey281083
Old 16-09-2011, 4:28 PM
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Even though it was their fault? They are still paying off the funeral and head stone!
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# 4
jem16
Old 16-09-2011, 4:33 PM
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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.
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# 5
cyclonebri1
Old 16-09-2011, 4:35 PM
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Quote:
Originally Posted by jem16 View Post
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???
All that is necessary for the triumph of evil is that good men do nothing

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

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# 6
jem16
Old 16-09-2011, 4:40 PM
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Would you pay it back???
Yes I would. I might not like it but I would still pay it back.
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# 7
atush
Old 16-09-2011, 4:53 PM
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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.
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# 8
dunstonh
Old 16-09-2011, 4:58 PM
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Quote:
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.

Quote:
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 a Financial Adviser. Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from a Financial Adviser local to you.
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# 9
casey junior
Old 16-09-2011, 5:35 PM
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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.
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# 10
datostar
Old 16-09-2011, 7:50 PM
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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.
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# 11
Mee
Old 16-09-2011, 8:08 PM
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Quote:
Originally Posted by tracey281083 View Post
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/sto...code=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...

Last edited by Mee; 16-09-2011 at 8:58 PM.
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# 12
muskoka
Old 16-09-2011, 8:36 PM
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The DWP regularly investigate the deceased estate months after death. It happened when my stepdad died also. I was surprised - I had probate granted, but was unable to distribute the estate until the DWP had concluded their investigation and yes, I also had to obtain years worth of bank statements to prove there was nothing owed.
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# 13
sleepless saver
Old 16-09-2011, 9:04 PM
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Quote:
Originally Posted by tracey281083 View Post
Do we have to pay it them back!?
Any debts including this one need to be paid out of your grandfather's estate before any inheritance can be distributed.

If your grandfather's assets aren't enough to cover the overpayment, then no one else is liable to pay it back. (Relatives sometimes think that they are responsible for paying the debts of someone who has died if they have left nothing, but they're not.)
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# 14
atush
Old 16-09-2011, 10:59 PM
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I suppose the question is what takes precidence in a small/no estate? The funeral costs or the overpayment.

If the estate itself (and by this I mean if he owned a property you have yet to sell or any other assests) then yes, you owe the money back. If the estate was so low as to not cover a very basic funeral of 1500, then no I would expect not. Consult your local council office or CAB.
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# 15
NeverEnough
Old 17-09-2011, 11:39 AM
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Quote:
Originally Posted by dunstonh View Post
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


However, you would have to have known it was not yours to keep from the start. So, you cannot complain.
Really?? And you have proof that "she must have realised it ....." ??
Lovely to know that certain members on this forum like Dunstonh never miss a chance to have a pop at those who have suffered some sort of distress / bereavement / misfortune.

Hope the same thing happens to them someday, what goes around comes around.

For the record Dunstonh, not everyone asking a question is a crook or a fraud - the OP was making an enquiry which really just needed a polite answer, not an allegation as to how their mother was some sort of thief / fraud. Bereavements leave relatives quite distressed and unsure at times of matters like this, it isn't necessary to take cheap shots at them
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# 16
dunstonh
Old 17-09-2011, 12:07 PM
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Quote:
Really?? And you have proof that "she must have realised it ....." ??
The fact it was paid after he died is the most obvious thing.

Quote:
Hope the same thing happens to them someday, what goes around comes around.
Seeing as everyone dies, it is most likely.

Quote:
For the record Dunstonh, not everyone asking a question is a crook or a fraud
I never said they were.

Quote:
the OP was making an enquiry which really just needed a polite answer, not an allegation as to how their mother was some sort of thief / fraud.
Where does it say that?

Quote:
Bereavements leave relatives quite distressed and unsure at times of matters like this, it isn't necessary to take cheap shots at them
3 months ago and a generation removed and a party unaffected by the transaction. Its hardly a cheap shot. Would you rather we wrap the responses up in cotton wool and tell them that the DWP are a big nasty monster and they dont need to pay it back just because that is what they want to hear.
I am a Financial Adviser. Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from a Financial Adviser local to you.
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# 17
Pollycat
Old 17-09-2011, 2:21 PM
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Originally Posted by NeverEnough View Post
Really?? And you have proof that "she must have realised it ....." ??
Lovely to know that certain members on this forum like Dunstonh never miss a chance to have a pop at those who have suffered some sort of distress / bereavement / misfortune.

Hope the same thing happens to them someday, what goes around comes around.

For the record Dunstonh, not everyone asking a question is a crook or a fraud - the OP was making an enquiry which really just needed a polite answer, not an allegation as to how their mother was some sort of thief / fraud. Bereavements leave relatives quite distressed and unsure at times of matters like this, it isn't necessary to take cheap shots at them
NeverEnough
You've certainly read much more into Dunstonh's reply than I have.

I couldn't see that Dunstonh implied that the OP's Mum was a crook or a fraud.

FWIW, my Dad died a week last Tuesday.
I was his appointee with the DWP as he was unable to manage his own affairs (and my Mum wasn't up to doing it) so all his benefits came into an account in my name and I was responsible for paying his care home fees.

I phoned DWP the day after he died to advise them.

They've already written to me to confirm that there's no arrears due but they also say if there has been an overpayment they'll write to tell me.
I expect that I will have to pay any overpayment back.
I must admit that I don't expect them to take 3 months to advise me of any overpayment as happened to the OP but if it does, so be it.
It will still be money that he was not entitled to.
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# 18
NeverEnough
Old 17-09-2011, 7:32 PM
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The incredible nastiness that springs up on these forums is quite disappointing. FWIW, Dunstonh, your way of putting things was in my opinion unnecessary and snide - no-one knows exactly what the circumstances were for that family at the time, and its perfectly feasible that the payment might not have been noticed - not everyone is as perfect as you seem to think you are. Amazing the bravery of those who hide behind online monnikers and say things they would never dare to say face to face. And actually, the DWP are hopeless for the most part and certainly don't get much right the first time in my experience.

Maybe you should try to be a little pleasanter to people - costs nothing. Anyway, hope you get what you wish for others.
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# 19
McKneff
Old 17-09-2011, 7:40 PM
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You seem to have a bit of a persecution complex to be honest.

You have taken offence where none existed.

DH puts into plain English the facts that we can all understand, no one else seems to think the way you do, so I would advise
you examine the thread again and calm down.
No one can make you feel inferior without your consent
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# 20
atush
Old 17-09-2011, 10:53 PM
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Never enough is having never enough of something- not sure what.

In no way did Dunstoh ever say any of the things alleged, and as always gave good advice.
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