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Benefits Clawback

Beege
Posts: 5 Forumite
Hello, I am a complete novice to this forum site so I hope you will be patient with me.
I have a few questions regarding Benefit overpayment clawback:
My Father died a few months back and was in receipt of Pension Credit, Housing Benefit and Council Tax Benefit.
It looks possible that he may have received overpayments of these benefits over a period of time.
The DWP are already asking for details of any assets but I have not been approached by the Local Authority so far.
My Q's are:
1. Is there a "statute of limitations" as to how far back any clawback can go?
2.Is there any limit as to how long after passing away any claw back claim can be made ?
3. Is there any top limit as to how much can be clawed back after death?
Thanks
I have a few questions regarding Benefit overpayment clawback:
My Father died a few months back and was in receipt of Pension Credit, Housing Benefit and Council Tax Benefit.
It looks possible that he may have received overpayments of these benefits over a period of time.
The DWP are already asking for details of any assets but I have not been approached by the Local Authority so far.
My Q's are:
1. Is there a "statute of limitations" as to how far back any clawback can go?
2.Is there any limit as to how long after passing away any claw back claim can be made ?
3. Is there any top limit as to how much can be clawed back after death?
Thanks
0
Comments
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There are no limitations as to the time.
The estate should not be distributed until the overpayments have been satisfied.
How was the overpayment caused?
Do not take the initial DWPs calculation as correct, without verifying it.0 -
I suspect the overpayment may have been the result of not all savings being declared upon application.
You say that there are no limits as to time....are there any limits as to the gross amount that can be clawed back? Or is that limit simply whatever the total overpayment calculated is due to non inclusion of assets, no other ceiling?
Thanks for your input.0 -
I suspect the overpayment may have been the result of not all savings being declared upon application.
The limit is simply the total amount, plus in some cases a penalty to avoid prosecution.
The latter clearly doesn't apply.
Are there possible arguments about mental capacity, and him not understanding the need to declare savings?
I don't think that this would usually result in an overpayment not being demanded back.
If the overpayment is large enough to wipe out the estate, then there is no liability for anyone else to pay anything.
With sums of this size - you may wish to find a solicitor, to confirm this, or at least to write to the DWP to ask in what circumstances they would not apply for recovery.0 -
Your contributions have been extremely helpful. Thank you very much.0
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Hello, I am a complete novice to this forum site so I hope you will be patient with me.
I have a few questions regarding Benefit overpayment clawback:
My Father died a few months back and was in receipt of Pension Credit, Housing Benefit and Council Tax Benefit.
It looks possible that he may have received overpayments of these benefits over a period of time.
The DWP are already asking for details of any assets but I have not been approached by the Local Authority so far.
My Q's are:
1. Is there a "statute of limitations" as to how far back any clawback can go?
2.Is there any limit as to how long after passing away any claw back claim can be made ?
3. Is there any top limit as to how much can be clawed back after death?
Thanks
There is no limit of time and amount they can recover. However they cannot take back what isn't there!
If there is a debt of say £5000 and the estate was worth a total of £4000, they can only recover the £4000.
They cannot claim anything back from anyone else unless there was a formal agreement that somebody was acting for him. In which case they can then go to that person as well.
It is illegal to distribute any money out of the estate until full clearance has been received of the amount of debt and it is paid and that a notice has been placed in the newspaper.
The role of Administrator or Executor is a very important one and the rules and law must be followed very carefully.0 -
Assuming the Father was not 'special rules' the DWP / Green Command will make a claim against the estate, this in turn may be followed by a claim ref Council Tax and / or / Housing Benefit. If its decided that your father received benefits he was not entitled to they will have to decide which of the three areas led to the overpayment :
Fraud: This includes all cases where the following three conditions apply:
- the basic conditions for receipt of benefit, or the rate of benefit in payment, are not being met;
- the customer can reasonably be expected to be aware of the effect on entitlement; and
- benefit stops or reduces as a result of the review.
Customer Error: The customer has provided inaccurate or incomplete information, or failed to report a change in their circumstances, but there is no fraudulent intent on the customer’s part.
Official Error: Benefit has been paid incorrectly due to inaction, delay or a mistaken assessment by the DWP, a Local Authority or Her Majesty’s Revenue and Customs.
NOTE : They [Green Command] will try to clawback every penny even for example if it was official error, and the department itself was at fault. If you have received the 'buff' [not standard white photocopy] forms they will outline where they have evidence of overpayment and which department / benefit was making the payment. As far as I'm aware apart from 'special rules' there are no longer any circumstances where they do not apply for recovery.
If you are handling this yourself and have not yet had sight of the 'buff' forms do as rogerblack suggests and ring and ask them. Better still would be to let the Administrator or Executor handle this difficult area.Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ0
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