Pension payments "under investigation"

Katmc2k

A relative of mine recently lost her mother who was in her 90's, blind and disabled. She recieved a pension payment every week from her husband's occupational pension (he died in the 80's) As she was blind and disabled, she recieved other beneifts and a home help etc, but always had a social security person round to help her fill out the forms.

My relative was contacted by her solicitor who had been contacted by the pension company to say there was a "discrepency" in the payments her mother had received for the last 20-odd years and they were "under investigation"! and also alluded to the fact that some money might need paid back.

What is going on here? If there was a mistake it certainly wasn't the elderly lady's fault as there was always someone there to assist with the forms. I should also say that the solicitor in question has been erm sacked basically, and my relative is not keen to engaged a new one unless totally necessary.
Has anyone experienced anything like this before? Relative is considering going to CAB but can't see anyone till Thurs at our local place. Obviously she is very worried at the prospect of having to pay money back that her mother received in error through no fault of her own.

Thanks

Andy_L

The trustees of the ocupational scheme have a legal duty to administer the scheme correctly & so have to investigate overpayments.
It's likely (depending on how much it is) that they will write it off because of the PR disaster likely to ensue if they try and recover the money, however they can't do that without making sure there was no fraud commited.
If they decide to recover the money then it can only come out of the deceased's estate, they cannot recover any excess from the daughter.
I'm assuing the soliciter was handing the legal side of the death,if so was he sacked just for this, as if so it seems like a case of shooting the bearer of bad news as he would have had to tell the pension scheme of the death.

Debt_Free_Chick

Katmc2k wrote: »

Obviously she is very worried at the prospect of having to pay money back that her mother received in error through no fault of her own.

I don't see that she can be made to pay any money back. Any overpayments should be recovered from the mother's estate. If that's been wound-up, then the trustees are too late with their claim. If it's not been wound-up, then the executor of the estate should sort it out.

Bypass CAB and get onto The Pensions Advisory Service

missile

I am sure your relative is not liable (unless ofcourse she contributed to a fraud). I have always found pension providers quite helpful and a phone to them might be the easiest and most reliable way to confirm.

If the solicitor had advised her properly then she would have known this. If he did not(?) she was right to fire the solicitor. However if said solicitor is the executor, she cannot "fire" him.