overpayment of retirement pension after death

mrsbowie

Hi sorry to hijack the thread, how long does it take for pension and attendance allowance to ask for any overpayment back, I informed the bereavement dept nearly 4 weeks ago the day after the death, which was a Monday, so they might claim 1 weeks pension back, also the attendance allowance were told when parent went into a care home, I think there was an overpayment that they didn't take back at the time. Thanks

Popperwell

It happened to me when Mum passed away as Bengal Stripe mentions and they asked me for repayment of the amount. It did not come out of her estate or they didn't say that they would wait until matters were sorted. So it kind've went in to the bank one day(Post Office account)out a few days later.

Ponsienella

When my father-in-law died in 2006 we were contacted for Bank Statements and it transpired that he had been overpaid benefits.

We had no idea as he had been helped with his claim forms by the local neighbourhood office. I think he must have not told them about inheriting some money from when his mother died a few years earlier and we ended up having to pay back £2,600.

We also had to pay back his Pension as it was paid in advance but I don't think we had to pay back his AA for some reason.

It was a good job the money was in his account.

benniebert

luvvy wrote: »

Hi,
my mum died 8 wks ago.She didn't have an estate,lived in social housing and just had her post office account-no other bank accounts or savings.
I have just received a letter from DWP saying that she was overpaid by £124.02 and that they are obliged to ask for it back.In her post office account was £295.00 which we had to use to put towards her funeral and removal of all her furniture (non of any value) from the house.So all she had to her name was the £295.00.Do we legally have to find the £124.02 to pay them back?Any help would be greatly appreciated.
cheers

Sorry for your loss.


The first call on any money that is in the estate goes towards the funeral and wake.


Ordinary creditors such as the DWP & HMRC come way down the pecking order.


If after paying the funeral expenses, there is nothing left the estate is technically insolvent.
As such no one gets anything and that includes DWP, HMRC as well as the beneficiaries named in a will.


Tell the DWP that the estate is insolvent and let them worry about it. You are not liable in any way for the deceased's debts.

benniebert

Ponsienella wrote: »

When my father-in-law died in 2006 we were contacted for Bank Statements and it transpired that he had been overpaid benefits.

We had no idea as he had been helped with his claim forms by the local neighbourhood office. I think he must have not told them about inheriting some money from when his mother died a few years earlier and we ended up having to pay back £2,600.

We also had to pay back his Pension as it was paid in advance but I don't think we had to pay back his AA for some reason.

It was a good job the money was in his account.

You can only pay them back if there is any money or assets in the estate.


My grandfather had £7000 to his name when he died. £2000 went towards the funeral. Then another £5000 went towards unpaid wages going back years (son - my uncle) That left nothing in the account. There were debts of around £3500 which could not be paid as I made the estate insolvent by virtue of the claim accepted from my uncle for wages that were due but were never paid. Unpaid wages take priority over any other debt but after the funeral expenses. Nice one!

SandraScarlett

When I registered my DH's death on Christmas Eve, it was explained to me that the DWP would automatically be advised. He died the day before, Tuesday, and I was allowed to keep his SRP for the whole of that week.


However, because of the extended Christmas/New Year holiday period, and things being set up in advance, he also received SRP for the weeks commencing 29th December, and 5th January and I was sent a letter towards the end of February asking for repayment. I did this over the phone by debit card, the same day.


It's best to get it clarified and I'm sorry for your loss.


xx

benniebert

babababor wrote: »

A UK pensioner has recently died and has over the past 10 years received over £25,000 more than he should have because he did not advise his divorce form his first wife for whom he was receiving dependents allowance.

Shortly before he died he remarried -no dependents allowance allowed then, but he was already in receipt.

The widow has now lodged a claim for £2000 bereavement payment.

There is no money in the estate to repay the DWP overpayment.

Will she still receive the £2000, as this is her right and she was totally unaware that her late husband was receiving what he was not entitled to.

A good question.


It has been discussed on here before where a unemployed guy had a debt with the DWP, then he became married and his new working wife was held liable for his debt.


The DWP may well on that basis challenge the claim as well as attempt to recover the DWP debt from the widow.


Be very interesting to see how they tackle that problem.

mrsbowie

Thanks for the replies, tbh there's no other debt and the funeral was pre paid, the few grand that's left is now in my account, I just took the will to the bank what's left is for myself and sibling, I've paid the couple of hundred that the funeral cost extra, just waiting to hear from pension now, my parent had it paid into bank but the bank closed the account and transferred the money to me. I think if I recall, that the overpayment to AA about 3 years ago was about , 1,200, so I assume because they didn't take it back then, its still owed? My friend friend said they just freeze your claim in case you ever need to claim it again, is that right? Thanks

Murphybear

On an interesting note Retirement Pension is now paid in arrears for new claims.

poppasmurf_bewdley

benniebert wrote: »

You can only pay them back if there is any money or assets in the estate.


My grandfather had £7000 to his name when he died. £2000 went towards the funeral. Then another £5000 went towards unpaid wages going back years (son - my uncle) That left nothing in the account. There were debts of around £3500 which could not be paid as I made the estate insolvent by virtue of the claim accepted from my uncle for wages that were due but were never paid. Unpaid wages take priority over any other debt but after the funeral expenses. Nice one!

I must remember that next time someone I know dies. Sounds like an excellent way of getting money out of the estate by a relative at the expense of those genuinely owed money by the estate.