Request by DWP to repay deceased's pension

dwileflunker

I'm not sure if this is the correct place for my query but any help would be appreciated.

My father-in-law died on 12/1/2012 and we notified DWP immediately and they said they would advise shortly if there were any over payments of pensions/pension credit. Over the following weeks I heard nothing and assumed everything was in order and as executor I settled everything and closed down his estate about a fortnight ago. The amount involved in the estate was low and didn't necessitate probate.

I have now received notification from the DWP requesting repayment of one weeks pension and pension credit totaling £338. This is now almost 10 weeks after they were notified of the death and I am now concerned that I will have to refund the money personally as what little money there was has now been paid out. Whilst I appreciate any overpayment should be returned surely there is an obligation on the DWP to notify me of this far more quickly than 10 weeks after the event. I shall be contacting DWP about the situation but would appreciate any help or advice that anyone can give.

srcandas

I was in a similar position last year and presumably it happens frequently. I had two requests for over payment from DWP which if I remember right were after 3 weeks and 5 weeks following official notification (sending of death certificate).

Is your ten week gap from the date of death or from the notification with death certificate? To be fair to DWP they do have processes that need to be carried out and I found them very helpful waiting for payment.

Sorry can't offer any help to you but I guess to other to be executors there is a lesson. Account for debts before full distribution.

But good luck with it. Being an executor is not an easy job at times. :beer:

Goldenyears

I have also been through this. My father died at the end of December 2011. OP did you notify DWP by phone ? If so I wonder if this has any effect in practice, except to offer a little advice. Perhaps they wait for the formal notification either by receipt of the authorised BD8 form or electronically from the GRO.

Anyway I agree 10 weeks is much longer than average. It should be 5-6 weeks.

dunstonh

This is now almost 10 weeks after they were notified of the death and I am now concerned that I will have to refund the money personally as what little money there was has now been paid out.

The executor of the estate should have been prepared for this knowing that this liability was coming. It is easy to work out and the estate should not have been distributed until this was settled.

If you used a professional executor then you may have grounds for complaint against them. If you or another family member is the executor then its what you get for doing a bad DIY job.

Whilst I appreciate any overpayment should be returned surely there is an obligation on the DWP to notify me of this far more quickly than 10 weeks after the event.

10 weeks is not a long time in the scheme of things when it comes to dealing with Govt and civil service. However, it doesn't matter. The debt was known. In effect, the estate has had an interest free loan for 10 weeks in which it could earn interest on itself.

The solution is to get the beneficiaries from the estate to pay back pro-rata the amounts they were paid in error.

dwileflunker

Goldenyears wrote: »

I have also been through this. My father died at the end of December 2011. OP did you notify DWP by phone ? If so I wonder if this has any effect in practice, except to offer a little advice. Perhaps they wait for the formal notification either by receipt of the authorised BD8 form or electronically from the GRO.

Anyway I agree 10 weeks is much longer than average. It should be 5-6 weeks.

DWP were notified on day of death and to be fair were very helpful and I was informed that any notification of over payment would be sent to me in the next couple of weeks and rightly or wrongly I assumed after several weeks the matter had been concluded. All other matters such as suspension of attendance allowance and carers allowance went through OK based on the same notification so I had no reason to think there was any problem. You live and learn. Thanks for your help.