Dwp demand repayment from 1997

jay1983

Hi all not sure if this is the correct place but if it isn't hopefully someone will kindly relocate it.

Basically my father in law passed away in may so my partner being his next of kin is dealing with his estate. The other day a letter came through the door from the DWP stating that her father owes £896 in overpayments for job seekers allowance, from 1997!

What has puzzled us though is the fact he has worked continuously, from 1998 for the NHS. Surely this should have been rectified by now as a check on his national insurance number would reveal where they could find him. Only now in death have they decided to make contact.

It's also astonishing that the amount he owes is what they gave him for 1 month!!!

My partner has requested more info from the DWP but this has made an already stressful/upsetting time more difficult.

Any help would be appreciated

MissMoneypenny

As executor for the estate, she is correct to ask for a breakdown of this welfare repayment.

However, if he owes this money, then it is her duty as executor to repay this debt from his estate. So don't let her distibute any money until all debts are repaid and the estate is finalised.

Arg

Wouldn't time limitations apply here so could she tell them to get lost?

jay1983

Just read something on the national debt helpline about a 6 year time limit.
Is this a viable route to take?

Adereterial

There is no time limit on benefit overpayments - it applies to commericial credit contracts only.

If the money is owed, it is owed and will have to be paid from the estate.

jay1983

This is what we are going to argue

BENEFIT OVERPAYMENTS AND SOCIAL FUND LOANS
The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a local authority, the Department for Work and Pensions (DWP) or a tribunal.

For social fund loans, the cause of action is when the loan becomes due for repayment.


Taken from national debt helpline website

missapril75

jay1983 wrote: »

What has puzzled us though is the fact he has worked continuously, from 1998 for the NHS. Surely this should have been rectified by now as a check on his national insurance number would reveal where they could find him. Only now in death have they decided to make contact.

It's also astonishing that the amount he owes is what they gave him for 1 month!!!

Not so astonishing.

If the overpayment matches what was paid then they are effectively saying that what was paid was not actually due.

That the contact is only after his death suggests that it is his death that has brought the overpayment to light.

There are threads here about DWP making enquiries about capital after death - because the estate reveals more capital than was declared during a claim.

Usually this is because of insurance or the home that was lived in has been sold and there is no further action needed.

But where there was significantly more capital existing during the claim than was declared there is an overpayment.

It sounds like this may be the reason for the overpayment rather than only just acting on it now.

Did your partner get a previous enquiry from DWP about the estate?

[Deleted User]

statute of limitations does not apply in the normal way to dwp debts,however you need to take legal advice on what to do

Notmyrealname

jay1983 wrote: »

This is what we are going to argue

BENEFIT OVERPAYMENTS AND SOCIAL FUND LOANS
The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment.

However that final decision has only just been made, has it not? If they've not pursued it by 2019 then it would be void.

pickpocketlocket

jay1983 wrote: »

This is what we are going to argue

BENEFIT OVERPAYMENTS AND SOCIAL FUND LOANS
The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a local authority, the Department for Work and Pensions (DWP) or a tribunal.

For social fund loans, the cause of action is when the loan becomes due for repayment.


Taken from national debt helpline website

Why would you want to "argue" anything, if he does owe the money surely you/ the estate would pay regardless?