DWP trying to take money back!

tracey281083

My grandad passed away 3 months ago to the day and today my mother (his next of kin) received a letter from the DWP stating that he was over paid £150 for the week after he died. My mum had informed them of his death just after he passed away and the money that was left in his bank account was paid from his bank towards his funeral costs. Its been three months already and we didnt know he was paid this money. Do we have to pay it them back!?

jem16

tracey281083 wrote: »

Do we have to pay it them back!?

Yes you do.

tracey281083

Even though it was their fault? They are still paying off the funeral and head stone!

jem16

The amount that was overpaid was the week after your grandad died and although DWP was informed it was probably too late to stop/amend that payment.

If there was an underpayment would you be looking for it to be paid back or would you just ignore and say it was their fault?

It's unfortunate but your grandad's estate is not entitled to that money.

cyclonebri1

jem16 wrote: »

The amount that was overpaid was the week after your grandad died and although DWP was informed it was probably too late to stop/amend that payment.

If there was an underpayment would you be looking for it to be paid back or would you just ignore and say it was their fault?

It's unfortunate but your grandad's estate is not entitled to that money.

Would you pay it back???:A

jem16

cyclonebri1 wrote: »

Would you pay it back???:A

Yes I would. I might not like it but I would still pay it back.

atush

When my dad died, he was getting a US govt pension and the equiv of the state pension.

It was paid monthly, and we had to pay back for all the days in the month after he passed away -prorata.

So yes, you have to pay it back, as it wasn't his/your money.

dunstonh

Even though it was their fault? They are still paying off the funeral and head stone!

Why was it the DWP fault? - these things are often processed weeks in advance. Your mum wouldnt have notified them until after death so there will always be some lag and some payment is likely after death.

Also, why did your mum keep it if it was paid after his death? She must have realised it was not hers to keep.

Would you pay it back???

Like Jem, I would pay it back mumbling under my breath that I wish I didnt have to. However, you would have to have known it was not yours to keep from the start. So, you cannot complain.

casey_junior

If your Granda was receiving certain benefits, your mum can claim for funeral costs.
Look up Direct.gov under Funeral Benefits.
Sorry for your loss.

datostar

When my father died last year, he was on the 4 weekly payment cycle. His last payment went into his bank on the 22nd of the month and he died on the 31st. They paid a week's pension into the estate very quickly after being sent a copy of the Death Cert. Swings and roundabouts, I suppose.
Obviously they'll expect overpayments to be returned, but if there's no money left in the estate that might be difficult. On the other hand, they could argue that they put the overpayment into the estate in the first place and it should not have been spent.

Mee

tracey281083 wrote: »

My grandad passed away 3 months ago to the day and today my mother (his next of kin) received a letter from the DWP stating that he was over paid £150 for the week after he died. My mum had informed them of his death just after he passed away and the money that was left in his bank account was paid from his bank towards his funeral costs. Its been three months already and we didnt know he was paid this money. Do we have to pay it them back!?

Firstly, my condolences. Yes, they are entitled to claim/claw back overpayments, but there are exceptions (see http://www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=17435&c=1).
My sympathy, but in some ways they're lucky that it is one payment. I had to obtain six year's of bank statements to prove that the DWP hadn't overpaid my father. My father's passing was bad enough, but dealing with the DWP was like dealing with Grim Reaper himself...