Job centre claiming money back after my dad has died

Tigerelle

My dad passed away in August, he had been out of work for 6 months, the job centre found out he did 5 hours work and sent a letter to my mum saying she would have to pay £121 back.

She did, but now they're saying they paid my dad too much DLA just before he died and are now asking for over £200, this is causing my mum so much stress. The house they have is rented and my dad had nothing of value, my mum is on Incapacity Benefit, only £98 a week, are they allowed to do this? thanks

mandi

Tigerelle wrote: »

My dad passed away in August, he had been out of work for 6 months, the job center found out he did 5 hours work and sent a letter to my mum saying she would have to pay £121 back.

She did, but now they're saying they paid my dad too much DLA just before he died and are now asking for over £200, this is causing my mum so much stress. The house they have is rented and my dad had nothing of value, my mum is on Incapacity Benefit, only £98 a week, are they allowed to do this? thanks

Tigerelle

I am so sorry to hear about your situation , but your dad worked, he didn't declare and carried on claiming DLA .

In your mums defence ,my advice would be tell your mum to contact the benefit office and ask for the best way to resolve the matter .

£200 is a lot of money , when you dont have it .

DX2

mandi wrote: »

Tigerelle

I am so sorry to hear about your situation , but your dad worked, he didn't declare and carried on claiming DLA .

In your mums defence ,my advice would be tell your mum to contact the benefit office and ask for the best way to resolve the matter .

£200 is a lot of money , when you dont have it .

There is no crime in working and claiming DLA, you actually can do both.

Oldernotwiser

Does your mother think that the assessment is wrong? If not, has she asked to arrange a payment plan?

Mojisola

Contact the Welfare Advisors at your Mum's local council and ask them to help. The Benefits Agency don't always get things right and it's worth getting someone else to look it over. If your Dad was overpaid, the BA will want the money back eventually.

The Welfare Advisors will also do a full benefit check for your Mum to make sure she is claiming everything she is entitled to.

Star1

Surely this is like any other debt after you die. It should first be reclaimed from the estate, and if there isn't enough in the estate it should be written off. OP - I suggest you contact CAB for advice

bestpud

Star1 wrote: »

Surely this is like any other debt after you die. It should first be reclaimed from the estate, and if there isn't enough in the estate it should be written off. OP - I suggest you contact CAB for advice

I think the difference here is the overpayment likely arose when they carried on paying it after his death and therefore that money has been used by his wife so the overpayment is now hers?

I guess it depends when they were informed as well?

If the overpayment occurred while he was alive, then I don't think they'd be able to claim if back from his wife...?

OP - assuming your mum acknowledges the DLA was overpaid and she used the money, I strongly suggest your mum ask to repay in installments - the CAB will help her set this up or she can contact them herself. She has a strong case as she has a low income.