DWP Recovery from Estates

Hazzanet

I've done a little searching on the web and I'm struggling to find an answer that quite fits my question. I was hoping some of the regulars here could assist?

My Grandfather died in April of this year and following registration of the death etc, I began writing out to all and sundry to advise of the death and to ascertain any assets/debts to obtain probate.

The DWP were advised on 21/04 via the "Tell us once" service and as Grandfather was claiming a Pension, I wrote to the Pensions Service on 12/05 with a death certificate asking (a) whether anything was due to the estate and (b) whether any overpayments needed repaying to the DWP.

The letter was acknowledged on 16/05 by the Pensions Service saying that nothing was due to the estate and another office would contact me in the event of there being any overpayments that needed repaying.

Nothing was heard from the DWP so I proceeded with obtaining probate which was issued on 16/07.

I then receive a letter from the DWP Recovery from Estates team on 29/07 making enquiries. I have a Notice of Deceased Estate going in the London Gazette next week.

While I understand the moral issue of repaying benefits etc (which I am not averse to) my question is whether they are able to come back two and a half months after being advised of the death and being invited to make a claim. Does the two month period only apply after the publication in the London Gazette or after you have notified a (potential) creditor and invited them to make their claim?

Thanks all.

Savvy_Sue

Clearly they CAN do this, because they do ...

I think the overpayments relating to the date of Dad's death were reclaimed fairly promptly, but I rang DWP and said "I think we owe you more money than you've asked for, because my late father was in hospital for 3 months before he died and although my mother wrote to tell you this, AA and pension continued to be paid."

They said "no, that's fine, it all looks OK."

3 months later they wrote a strongly worded letter saying that he had been overpaid and please could they have it back. The wording made it sound as if we, as executors, had been withholding this money from them.

I don't think they'd waited for the notice in the London Gazette, however. They were just very slow about everything.

I remember it annoyed me greatly at the time, but you rise above it ...

John_Pierpoint

When my mum died back in 2004, I promptly advised the predecessor of DWP that she had died and explained that she had not yet cashed the "giro" for her £300 pensioners fuel payment, so could they re-issue it in the names of the executors.
[actually it was slightly more complicated than that but lets keep it simple].

There then followed a complete fiasco, in which undertakings were given to my MP by senior persons in the organisation that never came to fruition.
Fortunately the organisation with 3 weeks notice managed to pay my late mother an extra month of attendance allowance into an otherwise redundant bank account. I had chickened out of trying to transfer these payments into mum's other new interest paying bank account, for fear that a mess up would occur !

The last correspondence on the matter was me challenging them to take me to court so they could pay me as executor £300 for the winter fuel allowance and I would return £280 of overpaid attendance allowance.

You know they are morally in the right, even though they make you want to chew your elbows, so pay them; but make sure you have everything documented when the court summons for non payment arrives.;)

Hazzanet

Pretty much as I thought then...

Savvy_Sue wrote: »

Clearly they CAN do this, because they do ...

[...] 3 months later they wrote a strongly worded letter saying that he had been overpaid and please could they have it back. The wording made it sound as if we, as executors, had been withholding this money from them.

[...]

I remember it annoyed me greatly at the time, but you rise above it ...

Yes, I think the tone of the letter is what's put my back up. I've politely asked them to advise of overpayments, then send a letter with an accusative tone to it.

John_Pierpoint wrote: »

The last correspondence on the matter was me challenging them to take me to court so they could pay me as executor £300 for the winter fuel allowance and I would return £280 of overpaid attendance allowance.

You know they are morally in the right, even though they make you want to chew your elbows, so pay them; but make sure you have everything documented when the court summons for non payment arrives.;)

Oh gosh, I never said that they were wrong (morally or otherwise), the only two things in life that are guaranteed are death and taxes, but I am irked by their methods. Court? Not for me thanks - they can have what they want as long as they can prove it's been overpaid.

Thanks both for your responses

John_Pierpoint

But that does not guarantee that the system will grind on and still try to take you to court.

"Oh we have mis-posted your payment" - in fairness that was my local council's excuse.

Let us know how DWP respond.to your request for details of their reconciliation of the deceased's account.

joerugby

It took about three months and several telephone calls (after the tell us once service failed to work) before the DWP finally gave me a figure for attendance allowance overpaid to my late father.

Then they asked for payment within 14 days.

Hazzanet

Well so far, they've just said that there is a high probability that he was overpaid benefits; they're writing to the offices concerned to obtain details.

Not sure how this has come about because the council helped complete the forms for him, they hounded him for bank statements regularly to prove his savings and the council received his pension into their account as he was in a care home and it helped pay for his upkeep.

Anyway, will keep you updated when I hear any more.

Hazza

MotownFox

DWP Recovery from Estates team letter on 29/07 would have been initiated from the Probate being issued. They get a copy of the Grant sent to them at the same time you get it.
All they see is the value of the estate that you swore at the Probate office was the total net and gross estate. So they then ask you to account for how this figure is made up. Then they compare those assets values you declared to those that were declared for benefits even though this was done on his behalf by the council assistant.
They can go back some time and there are other threads on the forum regarding claims that go back years.
So first things first what were the assets that you declared for Probate that total the Gross assets that show on the Grant.

lavalamp

Hi Hazzanet - we had a similar situation. They sent a letter from the 'recovery dept' to us after probate was granted. A bit of panic ensued as we were not sure what the situation was. MIL claimed pension credit and attendance allowance and was means tested at the time of claiming, so we didn't think there was a problem, but they do put the fear or god into you with that letter. Anyway, we filled in the form (the bulk of the estate was her property) and we just got a letter today (3 weeks later) to say all was in order and there was nothing owed. Phew! Hope it turns out the same for you.

John_Pierpoint

So it was "a fishing trip?"

lavalamp

John_Pierpoint wrote: »

So it was "a fishing trip?"

Apparently so.