DWP reclaiming overpaid pension after mum's death

clemmatis

laxeylady wrote: »

Can't see that in my post anywhere actually. Why would anyone post a snotty comment to someone in my situation? I'm gob smacked.

I was commenting on your

laxeylady wrote: »

We asked for help with funeral costs but because we are all cheeky enough to be in full time employment they said no.

that's where I saw it.

No need, sniggings, to soothe laxeylady; I'm sure she stands by her sig.:

I refuse to have a battle of wits with an unarmed opponent. :rotfl:

sleepless_saver

minimadtrix wrote: »

Maybe you should contact the DWP and say you can't afford to pay it all back in one go and just pay a little back each month.

Don't do that. If her total assets were the £1500 in the bank which was not enough to cover the funeral costs, then you are not responsible for paying anything back to DWP or anyone else.
Write to them and explain, enclosing evidence - i.e. last bank statements and bill for funeral.

Herongull

Yes - you are not liable for her debts. I'm puzzled why you paid her utility bills after her death (unless you wanted to?).

My understanding is if there is no money left in the diseased estate after the funeral costs, then none of her creditors get anything - dead people are not liable for their debts.

If the estate does have assets (after the funeral costs have been paid), then the situation is different, and the person administering the estate has to use it to pay her creditors before any money is allocated to her heirs.

In the summary, the order is: funeral, creditors, heirs.

Explain the situation to DWP (with evidence)- they should be used to this situation.

minimadtrix

I see what you're saying herongull, but surely the pension wasn't the lady's in the first place as she had passed away. Surely, to keep it would be theft?

Whichever someone looks at it, the DWP appear to want to put undue pressure on the grieving relatives, which is uncalled for. I suppose it all depends how the OP is feeling as to whether they are in the right frame of mind to want a fight with the DWP or pay the money back -

sniggings

minimadtrix wrote: »

I see what you're saying herongull, but surely the pension wasn't the lady's in the first place as she had passed away. Surely, to keep it would be theft?

Whichever someone looks at it, the DWP appear to want to put undue pressure on the grieving relatives, which is uncalled for. I suppose it all depends how the OP is feeling as to whether they are in the right frame of mind to want a fight with the DWP or pay the money back -

being given money wrongly and spending it before they ask for it back is not theft.

minimadtrix

sniggings wrote: »

being given money wrongly and spending it before they ask for it back is not theft.

Sorry, maybe misappropriation would be a better word

Herongull

If the lady was alive, then she would definitely have to pay the DWP back. Perhaps she did (inadvertently) spend money that wasn't hers, but she's dead, and even the DWP can't pursue dead people!

Nor can the Inland Revenue. Once you are dead, they can't take you to court or send you stern letters. You are dead!

Your relatives are not liable for your debts. The estate is liable, but it has no money in this case.

This is normally the situation with creditors of diseased people, and as far as I know the DWP is a just creditor in this situation. It may be worth double-checking just in case the government has somehow given itself super-priority (above the funeral expenses), but I doubt it....

sniggings

minimadtrix wrote: »

Sorry, maybe misappropriation would be a better word

it's not even call that

Bad luck! is nearer the mark.

minimadtrix

Herongull wrote: »

If the lady was alive, then she would definitely have to pay the DWP back. Perhaps she did (inadvertently) spend money that wasn't hers, but she's dead, and even the DWP can't pursue dead people!

Nor can the Inland Revenue. Once you are dead, they can't take you to court or send you stern letters. You are dead!

Your relatives are not liable for your debts. The estate is liable, but it has no money in this case.

This is normally the situation with creditors of diseased people, and as far as I know the DWP is a just creditor in this situation. It may be worth double-checking just in case the government has somehow given itself super-priority (above the funeral expenses), but I doubt it....

If that's the case, then how can a deceased person pay for their own funeral? (I say tongue in cheek of course)