DWP Claim and Estate distribution - advice please.

G6JNS

Weary_soul wrote: »

But in this case six years have not elapsed. The executers have to pay off all debts to any creditors and thats what the DWP will be If it turns out there is an overpayment.

If they don't there will a whole lot of trouble ahead I'm afraid as apparently the debt recovery dept are a very hardened bunch and can be very unpleasant if messed with.

If the over claim was up to 2003 then the time is long past. In any case what are these unpleasant methods of collections Thumbscrews? The DWP are not above the law.

Shelldean

Mojisola wrote: »

The DWP...........

Yep was aware of them as we've been in contact since last June/July shortly after receiving the grant of.probate

Weary_soul

G6JNS wrote: »

If the over claim was up to 2003 then the time is long past. In any case what are these unpleasant methods of collections Thumbscrews? The DWP are not above the law.

They will take people to court, believe me. Also as said they will just deduct any money owed from any ongoing benefits, such as the sate pension.

Really nowadays the DWP are a law unto themselves.

G6JNS

Weary_soul wrote: »

They will take people to court, believe me. Also as said they will just deduct any money owed from any ongoing benefits, such as the sate pension.

Really nowadays the DWP are a law unto themselves.

They have no legal right to deduct from other benefits to collect from executors.

getmore4less

g6jns wrote: »

Please can you quote the regulation that gives the DWP these powers? Like any other legislation it can be challenged in court.

There was a recent change to clarify I think 2013/14 that allowed the DWP to go back, I found the reference a few days back but did not keep it nd can't find it now.

AIUI this may only apply to living people where there are future benifits they can deduct from if people don't pay up.

AIUI the current statute 6 years still applies for them to make the claim through the courts which would apply to estates.

All a bit of a mess as nothing is clear and is seems DWP are more of a bully department than HMRC ever have been.

konark

Please can you quote the regulation that gives the DWP these powers? Like any other legislation it can be challenged in court.

Social Security (Overpayment and Recovery) Regulations 2013, came fully online in April 2014, hence all the 'DWP says I owe them money from 20 years ago' threads.

G6JNS

konark wrote: »

Social Security (Overpayment and Recovery) Regulations 2013, came fully online in April 2014, hence all the 'DWP says I owe them money from 20 years ago' threads.

Sorry to say that you have missed certain points. To clarify things. These regulations to not, as far as I can see, mean that the DWP can recover money from beneficiaries, but only from the claimant, or someone who claimed on their behalf. They might be able to claim from the executors if the debt was less than six years old. In no case can the DWP legally deduct any amount owing from current benefits being paid to an executor without their agreement. Of course they may try very hard to do this by acting illegally as I know from my personal experience. However the DWP are not above the law any more than any other Government Department. For example see the case this week about late settlement of PIP claims.

konark

Yes they cannot make deductions from the deceased's estate nor the executor 's income by DEAs and they are 'timed-out' from taking it to court. But surely the OP's solicitor is aware of this? Why don't they challenge the DWP that whatever the deceased may or may not owe them is irrecoverable so they are wasting their time by prolonging this investigation.

g6jns_2

konark wrote: »

Yes they cannot make deductions from the deceased's estate nor the executor 's income by DEAs and they are 'timed-out' from taking it to court. But surely the OP's solicitor is aware of this? Why don't they challenge the DWP that whatever the deceased may or may not owe them is irrecoverable so they are wasting their time by prolonging this investigation.

I would expect the solicitor to be cautious. Without knowing exactly what the DWP are investigating and the dates it is difficult to say more. What we have been discussing is the legal basis as to what the DWP can, or cannot, claw back from the executors or beneficiaries rather this particular case. None of us know enough detail to do anything but advise caution by the OP. I suggest the OP does not distribute the proceeds of the house sale and let's the solicitor handle it.

barryjarcher

Hi Senoir Sam, question about the below:

SeniorSam wrote: »

It would seem that some interim payment could be made, but all Executors must agree and must also accept thier responsibility.

Other 2 executors (sisters) are really pushing to get an interim payment, now I'm happy for this to occur but I want to know what I'm personally liable for if we do make the interim payment. ?

What I mean is they are skint (which is why I'm happy for payment to be made) but I am in no doubt that the money they get will be spent whereas I'm not needing the money and happy to wait until its finalised. So if payments are made and a (highly unlikely) worse case scenario occurred where the estate is wiped out by the DWP claim and it needs paid back would I be personally liable for amount that was paid out even though it was the other executors that had the payout?

As before really appreciate your guidance/advice.

Thanks.