DWP requesting refund for payments for deceased family member -

AsknAnswer2

anmarj wrote: »

no, if the customer died on or during their payweekthey are paid for the full week, - thankfully

Not necesserily - it depends on the benefit. Although some benefits are paid weekly, some fortnightly and sone 4 weekly, and although each benefit is payable at a "weekly rate", each benefit is either a "daily benefit", or a "weekly benefit".

This is why, when benefits are paid in arrears and have not yet been issued to the deceased, the executor can claim from the DWP the benefit that was due up to and including the date of death for "daily" benefit, and up to the "period ending" the week of their death for "weekly benefit".

Execs will often find that the amount they receive does not add up to weekly rates; it's an odd amount. This will be because the benefit arrears due to the estate come from a "daily" rather than a "weekly" benefit.

Example: JSA is a daily benefit. The weekly rate for a person over 25 is £65.45. There last payment was up to 9th June. They pass away on 15th June. They are due from 10/06 to 15/06 = 6 days.

Take the weekly rate of £65.45 and divide by 7 (days). This equals £9.35 per day. Multiply that by the amount of days due (6). The benefit arrears due to the estate is £56.10.

Another example. DLA is a weekly benefit. Claimant receives weekly entitlements of HRC at £71.40 plus LRM at £18.95 and is paid 4 weeks in arrears. (which means their total weekly entitlement is £90.35. As they are paid 4 weekly they receive it as £361.40 every 4 weeks) Last paid to 2nd June. Dies on 19th June. The entitlement period is from 03/06 to 23/06 = 3 weeks.

Take the weekly entitlement of £90.35 and multiply by the weeks they are due (3) = estate of £271.05.

anmarj

AsknAnswer2 wrote: »

Not necesserily - it depends on the benefit. Although some benefits are paid weekly, some fortnightly and sone 4 weekly, and although each benefit is payable at a "weekly rate", each benefit is either a "daily benefit", or a "weekly benefit".

This is why, when benefits are paid in arrears and have not yet been issued to the deceased, the executor can claim from the DWP the benefit that was due up to and including the date of death for "daily" benefit, and up to the "period ending" the week of their death for "weekly benefit".

Execs will often find that the amount they receive does not add up to weekly rates; it's an odd amount. This will be because the benefit arrears due to the estate come from a "daily" rather than a "weekly" benefit.

Example: JSA is a daily benefit. The weekly rate for a person over 25 is £65.45. There last payment was up to 9th June. They pass away on 15th June. They are due from 10/06 to 15/06 = 6 days.

Take the weekly rate of £65.45 and divide by 7 (days). This equals £9.35 per day. Multiply that by the amount of days due (6). The benefit arrears due to the estate is £56.10.

Another example. DLA is a weekly benefit. Claimant receives weekly entitlements of HRC at £71.40 plus LRM at £18.95 and is paid 4 weeks in arrears. (which means their total weekly entitlement is £90.35. As they are paid 4 weekly they receive it as £361.40 every 4 weeks) Last paid to 2nd June. Dies on 19th June. The entitlement period is from 03/06 to 23/06 = 3 weeks.

Take the weekly entitlement of £90.35 and multiply by the weeks they are due (3) = estate of £271.05.

the op has quoted sp and PC and they are not taken up to date of death, they are taken to the end of the benefit week for the customer, alway has been and always will be unless the government change the law, wether paid in advance or arrears

AsknAnswer2

anmarj wrote: »

the op has quoted sp and PC and they are not taken up to date of death, they are taken to the end of the benefit week for the customer, alway has been and always will be unless the government change the law, wether paid in advance or arrears

I wasn't picking on your post. There is certainly nothing wrong in your posting in the context of this thread; however a person searching for help after a bereavement won't necesserily read a post in context.

My point was to make it clear to others who might read this thread after losing a loved one and think "hang on a minute - if benefits are paid up to the end of the week of death, why are they seeking back this amount for the days after X died".

A person who is having overpayment chased after a death might well search and find this thread. (the title of which does not refer specifically to RP and PC - the title of which reads DWP requesting refund for payments for deceased family member - and which a person in such a position would "home" in on). They don't need the added strain of fighting a losing battle because they have read a post which advises benefit is paid for the full week and assume it applies to all benefits.

Glee_Fan

Thanks all.

I went to the CAB today and they have advised me to write back saying that we are unable to pay as there are no funds remaining from the estate. Not sure if this will work, but willing to give it a try!

richard9991

Glee_Fan wrote: »

Thanks all.

I went to the CAB today and they have advised me to write back saying that we are unable to pay as there are no funds remaining from the estate. Not sure if this will work, but willing to give it a try!

if there are no funds left out of the estate then dwp will write it off