hmrc debt of deceased :-(

leckershell

I know there are a few benefits geniuses on here so thought I'd ask.. no harm in trying. Hope it's in the right section.
My stepdad became disabled in 1995 and died a month ago. My mum has received a letter yesterday saying hmrc or dwp put him on the wrong benefits level in 1995 and haven't corrected it since and she owes over £5000k in overpayments by 7th December. Incapacity instead of disability if that makes a difference?
Is there an amount of years that this debt renders void or through marks death etc? She can afford it but surely there's something else she can do? It seems entirely unfair demanding this now he's died or Is this normal practice? Any advice gratefully received. She can pay it but it feels like she shouldn't have to? :-( 1995 seems too long ago to be charging for?? Help please x

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tanith

I don't know if she will have to pay it back sorry, but if your stepdad any asset such as savings in the bank they may be able to claim from that. Someone who knows for sure will be along to give you more info.. sorry about your stepdad

DUTR

leckershell wrote: »

I know there are a few benefits geniuses on here so thought I'd ask.. no harm in trying. Hope it's in the right section.
My stepdad became disabled in 1995 and died a month ago. My mum has received a letter yesterday saying hmrc or dwp put him on the wrong benefits level in 1995 and haven't corrected it since and she owes over £5000k in overpayments by 7th December. Incapacity instead of disability if that makes a difference?
Is there an amount of years that this debt renders void or through marks death etc? She can afford it but surely there's something else she can do? It seems entirely unfair demanding this now he's died or Is this normal practice? Any advice gratefully received. She can pay it but it feels like she shouldn't have to? :-( 1995 seems too long ago to be charging for?? Help please x

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Tax comes 1st, so they don't have a time limit, it could also be argued that the estate remains is partly increased due to the over payment, your post also suggests that you agree there was an over payment.

leckershell

I don't know what he should have been classified as cos I'm not good at this stuff and don't know the difference between disability and incapacity benefits or what his situation was. x

Mojisola

leckershell wrote: »

I don't know what he should have been classified as cos I'm not good at this stuff and don't know the difference between disability and incapacity benefits or what his situation was. x

Can you quote what the letter says - removing any identifying details like names.

leckershell

I'll have to ask my mum as we live separate and talk by email. She might not be in the best frame of mind but I'll ask x

Mojisola

leckershell wrote: »

I'll have to ask my mum as we live separate and talk by email. She might not be in the best frame of mind but I'll ask x

It might help if we can explain to her why there was an overpayment.

It's quite common to get a letter after a death - my Mum's pension and some other benefits were paid out for the week after her death and had to be repaid.

leckershell

No worries it's really good of you thank you. I'll post a reply when she gets back to me x

getmore4less

This is something the executor of the estate needs to deal with

Mum should not pay this except through the estate if these were his benifits they are try to claw back

They can probably only go back 6 years since there are no benifits they can go after.

leckershell

My mum's reply..


"This office is responsible for!recovering any monies owed to the DWP.! ((then blah, blah, blah about Social Fund funeral!expenses also having to be repaid - which I didn't apply for)).
Total repayable from the!estate.! ((then table with benefits!overpaid and the amounts)).! Please pay!£xxxx.xx by 7.12.12. Details of how you can pay ..................... Etc etc".
!
They've sent another one, for £131 odd, because they!continued, by computer, to pay!Disability Living Allowance afterwards.! This I can understand, cos computer generated payments can overlap the receipt of the notification letter and death certificate that I sent them.! Yes, this is ok.! It's the other one, dating back to 1995, which I object to.
!
The letters don't say a lot.! Basically, ok, give us our money back.
!
Well, they shouldn't have put Mark on the wrong bloody benefit in the first place, should they?! We have been over and over this with them time and time again.!
!

Mojisola

leckershell wrote: »

My mum has received a letter yesterday saying hmrc or dwp put him on the wrong benefits level in 1995 and haven't corrected it since and she owes over £5000k in overpayments by 7th December. Incapacity instead of disability if that makes a difference?

leckershell wrote: »

My mum's reply..

"This office is responsible for!recovering any monies owed to the DWP.! ((then blah, blah, blah about Social Fund funeral!expenses also having to be repaid - which I didn't apply for)).
Total repayable from the!estate.! ((then table with benefits!overpaid and the amounts)).! Please pay!£xxxx.xx by 7.12.12. Details of how you can pay ..................... Etc etc".

The letters don't say a lot.! Basically, ok, give us our money back.
Well, they shouldn't have put Mark on the wrong bloody benefit in the first place, should they?! We have been over and over this with them time and time again.

What benefit do they say he was on and which one should he have been on?

They do need to give you a clear explanation because they do sometimes get it wrong.