Please Help! DWP overpayment

Nathan234_2

Hi,

We have Discovered DWP have made a substational overpayment to my gran in benifits. She has now passed away, however there is not enough money in the estate to to cover the overpayment, what are the dwp likely to do?? Are they likey to chase the debt??

tigtag02

If you look on the direct.gov website it will list, in order who should be paid from the estate.

AFAIK they can only recover from the esate and not chase surviving relatives.

HTH

Nathan234_2

Thank you for your reply tigtag. I've had a quick look on the website, but i'm unsure whether the DWP can chase the benifical joint tenant or the joint account holder for the remaining overpayment??

tigtag02

I would imagine that they can claim the claiment only.

What benefit are we talking about?

Nathan234_2

I think it was income support, although not enitely sure.
My question essentially relate to whether the dwp persue the beneficiaries and under what circumstances they do so?

leemack

if the income support was a claim with a partner then they may well chase the partner, had a case like that once. if she was single then they can only chase from the estate, if there's no estate then there's nothing else they can do, they can't chase relatives - unless of course money has been unlawfully taken from the estate that the dwp should have been able to claim.

Nathan234_2

Thanks for your reply leemack. the benifit to my knowledge thus far was insole name, although having done some research I, perhaps incorrectly, come to the understanding that dwp as unsecured creditors could, if they so decided, chase the beneficiaries?

leemack

no they can't, although you keep saying beneficiaries - the dwp get paid before any family etc due to inherit from the estate. If you take the money first, they will chase you.

Nathan234_2

The estate at present is valued at 8,000 from which funeral expenses etc have not been deducted nor has any family members taken any money. I'm unsure as I've read somewhere that unsecured creditor could follow the 'beneficiaries' (in reference to surviving account and property holder not sure if legally correct jargon) in order to recover the debt.

bengal-stripe

Nathan234 wrote: »

The estate at present is valued at 8,000........I'm unsure as I've read somewhere that unsecured creditor could follow the 'beneficiaries'.

It’s the other way ‘round. Beneficiaries are the last ones to get money.

The estate pays first for funeral expenses, then any debts to the government (tax or DWP),
then the other debts and what’s left thereafter, will goe to the heirs.

If the money runs out beforehand, the last ones get nothing.