DWP Claim and Estate distribution - advice please.

konark

If the DWP took it to court they would have the problem that much of the debt is old and not only difficult to prove but probably 'statute-barred'.

barryjarcher

Found a nice article online:

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-04.aspx

Benefit overpayments and social fund loans
Information:
the County Court
To recover overpaid benefits, the DWP and local authorities can use the normal County Court route. There is also a fast-track process of registering the debt in the County Court, as if it were payable under a county court order. If this happens, contact us for advice.
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 council, 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.

If the council or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence. This is complicated and you should get legal advice first. Contact us for advice about how to find the right legal advice for you.

However, if you are getting ongoing benefits, the DWP or council can take money directly from your benefit or wages to repay overpayments. The rules can be complicated. Contact us for advice.

Although not sure if this covers a desceased estate, anyone know?

Newly_retired

I am pleased to report that DWP have finally agreed that there is nothing to pay on MIL's estate, which is as we thought. If her savings had been over the threshold it would only have been by a little, and would have been because latterly she had not spent all her Pension Credit income.
Yet how much has this cost DWP in time, postage, phone calls, stationery etc?
She died 18m ago, and the correspondence has been going on for exactly a year, before resolution.

konark

Just one question- why are the DWP chasing up an overpayment of pension credit, which is administered by HMRC?

Shelldean

barryjarcher,

Just to update, following OH making the payment just over a week ago, made Friday 12th, today we received the letter saying all sorted and no further claim.

Took a fraction under a year from first contact to last.

Newly_retired

konark wrote: »

Just one question- why are the DWP chasing up an overpayment of pension credit, which is administered by HMRC?

Not so.
PC is run by the Pension Service, which is part of DWP

barryjarcher

Shelldean wrote: »

barryjarcher,

Just to update, following OH making the payment just over a week ago, made Friday 12th, today we received the letter saying all sorted and no further claim.

Took a fraction under a year from first contact to last.

Was this with a solicitor or off your own handling as solicitor dealing with my dads estate swears blind it will take no more than 4-6 months. (just thinking they may respond better to solicitor than the little people)

Shelldean

barryjarcher wrote: »

Was this with a solicitor or off your own handling as solicitor dealing with my dads estate swears blind it will take no more than 4-6 months. (just thinking they may respond better to solicitor than the little people)

We dealt with it.
I don't believe a solicitor would've done it much faster. We responded within time frames, tho was a bit slow at gathering evidence at times. They might've been quicker had we called and asked or pushed but I don't know this for certain as we never did.

We received the first letter late June/early July, with a reply wanted by first week in August. This was met....Just!!!! They wanted information on all accounts held etc.

Next letter was in January asking for balances on two different dates. 2004 & 2009. Asked us to reply by first week in Feb. Again deadline met despite Barclays sending wrong information and it having to requested again. We could only supply later date too.

Investigation put on hold for two weeks mid may, due to an.account with Barclays surfacing.

Letter requesting money arrived w/c 8 June. Paid 15 June. Letter saying no further claim arrived yesterday 22 June. (Sorry week from payment to letter)



Like I said maybe if we'd called and chased they might worked faster? But equally they might've got annoyed and kept our case at the bottom of the in tray?

But tbh we just left them alone and let them get.on with it.