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    • janeypoos
    • By janeypoos 8th Feb 18, 6:03 AM
    • 4Posts
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    janeypoos
    DWP Overpayment - Living & Dying Abroad
    • #1
    • 8th Feb 18, 6:03 AM
    DWP Overpayment - Living & Dying Abroad 8th Feb 18 at 6:03 AM
    Good morning,

    I live in a non EU country but have a £21,000 debt to the DWP for overpayment.

    I'm currently making regular monthly repayments. This was agreed between myself and the DWP, no court action was involved.

    I have been diagnosed with terminal cancer.

    I cannot pay the debt off in full and there will not be enough money in my estate to cover it.

    My husband (non UK citizen) may or may not be able to continue with the monthly repayments.

    So, I would like to know what the DWP can/will do to recover this debt after my death?

    Many thanks for reading.
Page 1
    • custardy
    • By custardy 8th Feb 18, 6:22 AM
    • 32,975 Posts
    • 27,767 Thanks
    custardy
    • #2
    • 8th Feb 18, 6:22 AM
    • #2
    • 8th Feb 18, 6:22 AM
    Sorry for your bad news.
    no expert but if the estate doesnt cover it then my understanding is theres nobody to chase.
    Im, sure someone will know what the DWP does in such cases with regards to the estate.
    • janeypoos
    • By janeypoos 8th Feb 18, 6:27 AM
    • 4 Posts
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    janeypoos
    • #3
    • 8th Feb 18, 6:27 AM
    • #3
    • 8th Feb 18, 6:27 AM
    Thank you custardy.
    I'm trying to get everything in order and, hopefully, minimise stress for my family.
    I have searched online for answers but cannot find anything about debt recovery after death abroad.
    • WhenIam64
    • By WhenIam64 8th Feb 18, 7:26 AM
    • 24 Posts
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    WhenIam64
    • #4
    • 8th Feb 18, 7:26 AM
    • #4
    • 8th Feb 18, 7:26 AM
    I'd echo custardy's view. If the debt arose from payment to you, the debt is yours. It will come out of your estate within the limits of that estate.

    Your debt cannot be someone else's unless they have agreed to underwrite that debt e.g. parents underwriting their children's mortgage.

    Collecting debt outside the UK for a UK debt is problematical though not impossible, especially if you are outside the EU. People do not normally agree to paying UK debt from outside the UK so it is a strange arrangement you came to. Usually they wait until they are back in the UK.

    Additional point: You've not touched on where you will see out your final time, as where you die and your will, will be interpreted by the laws of the country you are in. The comments above presume England and Wales. Different legal jurisdictions will have different ways of looking at it so you may have to get legal advice from the country you are in / intend to remain till the end.
    Last edited by WhenIam64; 08-02-2018 at 7:35 AM. Reason: Legal juridictions
    • janeypoos
    • By janeypoos 8th Feb 18, 10:25 AM
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    janeypoos
    • #5
    • 8th Feb 18, 10:25 AM
    • #5
    • 8th Feb 18, 10:25 AM
    Thank you Whenlam64

    Do you know if my husband will be duty bound to inform the DWP that I've died, when the time comes?

    I will be living where I am now and I have no assets or dependants in the UK so no business there at all.
    • Comms69
    • By Comms69 8th Feb 18, 10:30 AM
    • 2,321 Posts
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    Comms69
    • #6
    • 8th Feb 18, 10:30 AM
    • #6
    • 8th Feb 18, 10:30 AM
    That would depend on the law in your country. The law in the UK have no relevance on you.
    • TELLIT01
    • By TELLIT01 8th Feb 18, 12:33 PM
    • 4,557 Posts
    • 4,811 Thanks
    TELLIT01
    • #7
    • 8th Feb 18, 12:33 PM
    • #7
    • 8th Feb 18, 12:33 PM
    Thank you Whenlam64

    Do you know if my husband will be duty bound to inform the DWP that I've died, when the time comes?

    I will be living where I am now and I have no assets or dependants in the UK so no business there at all.
    Originally posted by janeypoos
    Whether or not there is a legal requirement, it would be sensible to inform DWP, and provide a copy of the death certificate, to ensure that there is no attempt to chase up payment when it does cease.
    • WhenIam64
    • By WhenIam64 8th Feb 18, 1:55 PM
    • 24 Posts
    • 11 Thanks
    WhenIam64
    • #8
    • 8th Feb 18, 1:55 PM
    • #8
    • 8th Feb 18, 1:55 PM
    Whether or not there is a legal requirement, it would be sensible to inform DWP, and provide a copy of the death certificate, to ensure that there is no attempt to chase up payment when it does cease
    Without wishing to indulge in black humour and with the OP's situation in mind, she won't be around to do this. Whether her executor does this, will be up to the executor
    • xylophone
    • By xylophone 8th Feb 18, 2:16 PM
    • 24,441 Posts
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    xylophone
    • #9
    • 8th Feb 18, 2:16 PM
    • #9
    • 8th Feb 18, 2:16 PM
    You have made arrangements to leave your affairs in order so that your executor ( is this your husband?) will have a full list of your bank accounts/ assets/liabilities etc.

    It is the duty of the executor to pay any debts before distributing the estate.

    There is a strict order of priority in terms of debt repayment.

    https://bereavementadvice.org/topics/probate-and-legal/insolvent-estates

    It would appear that the DWP is an "unsecured creditor".
    • WhenIam64
    • By WhenIam64 8th Feb 18, 3:02 PM
    • 24 Posts
    • 11 Thanks
    WhenIam64
    @xylophone

    You'd have to be a mind reader to know

    a) the location of the OP
    b) the legal jurisdiction
    c) the applicable laws with regards to wills and
    d) the duties of an executor

    The OP needs to take local advice on local laws with regards to estates.
    • xylophone
    • By xylophone 8th Feb 18, 6:24 PM
    • 24,441 Posts
    • 14,312 Thanks
    xylophone
    Collecting debt outside the UK for a UK debt is problematical though not impossible, especially if you are outside the EU. People do not normally agree to paying UK debt from outside the UK so it is a strange arrangement you came to
    It is possible that the OP came to this arrangement while still living in the UK and only emigrated later.


    She has continued to make repayments (acknowledge the debt) even though living abroad.

    With regard to jurisdiction, wherever the OP resides does not change the fact that she has (and has acknowledged) a debt .


    The OP gives no indication that the debt is in any way secured - if it is not secured then the DWP is an unsecured creditor.

    If the repayments stop, then presumably the DWP will endeavour to make contact at the address the OP has (presumably) supplied.

    Wherever the OP is resident, her executor/personal representative has the duty to deal with her estate and its assets/liabilities.

    Presumably he will reply to the DWP.

    All that said, as you comment, the executor will need to have regard to the law on wills and estates in the country of residence.
    • WhenIam64
    • By WhenIam64 11th Feb 18, 1:07 PM
    • 24 Posts
    • 11 Thanks
    WhenIam64
    The OP gives no indication that the debt is in any way secured - if it is not secured then the DWP is an unsecured creditor.
    Not quite sure what you are getting at here as the debt will either be enforceable under one of the Social Security Acts (statutory) or if not, it will be under common law (unsecured)

    And again there is a difference between any debt of either form being collectable as opposed to enforceable.

    The collection of an enforceable debt would of course depend on the legal jurisdiction which the OP has not revealed. It all turns on the location.
    • janeypoos
    • By janeypoos 11th Feb 18, 9:00 PM
    • 4 Posts
    • 0 Thanks
    janeypoos
    Sorry for not coming back sooner but I've been in hospital for the past few days.
    Thank you for all the responses so far, I do appreciate you taking the time to post.

    Here I hope to clear-up some points:-

    I live in Turkey.

    Wills are pointless here as there is a strict inheritance law but my husband will be overseeing my estate.

    I came to the repayment agreement with the DWP after leaving the UK.

    The wording in their letter to me whilst discussing the debt was along the lines of "we would appreciate you repaying XX amount per month". There were never any demands but as I had health issues I just agreed to it for an easier life.
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