A pension problem - this can't be right... can it?

fergual2

From pensions advisory service...
The mistake was made 10 years ago. Doesn’t that mean my scheme cannot ask me to repay?

If the mistake that led to an overpayment was made more than six years ago, it may be possible that overpayments made more than six years from when you are told of the mistake, do not need to be repaid. This will depend on if it was reasonable for the mistake to have been found earlier than it was.

and

Overpayments

It's normally the case that you don't have a right to benefits paid to you in error. Your pension scheme can ask you to repay the amount. But it may be possible that you don’t have to repay some, or all, of the amount, if you’ve relied on the overpayment when spending or making decisions. If you do have to repay any overpayment, it may be possible to negotiate the period of time over which any repayments need to be made.

Using a combination of above might significantly reduce any monies owing

xylophone

You say that the P60s you have found are in your late father's name - do they relate to years before he died?

Or are you saying that every year since he died, your mother has been receiving P60s in your father's name in letters addressed to her?

Thrugelmir

Fabuleuse wrote: »

presumably at some point they would have changed their payment records from Dad's bank to Mum's, which further proves that they must have realised, or at the very least should have queried why they suddenly weren't paying the person who the policy belonged to.

More likely the bank account was changed to sole name from joint after your fathers death. The pension payments by default would have continued to have been sent to the same account.

xylophone

More likely the bank account was changed to sole name from joint after your fathers death. The pension payments by default would have continued to have been sent to the same account.

At the moment, we don't know whether or not the late father's pension payments were originally being made to a joint account in the name of him and his spouse.

If they were originally being made to his sole account and after his death they started being paid to his widow's sole account, then it would indicate that the pension provider had accepted her instruction to change the account into which payments were made, which would only have been done if the death certificate had been produced.

If the payments were originally made to a joint account (which became a sole account when the widow advised the bank of her husband's death) and the pension provider had not received a death certificate, then indeed the pension payments could have continued, but if this were the case, why would the provider have been sending communications to the widow?

If the provider thought the father was alive, then all communications concerning his pension would have been sent to him. Presumably if the widow kept receiving letters addressed to her late husband, she would have contacted the pension provider to clarify the situation?

Fabuleuse

Good evening!

I have news!

I've just received a letter from F****** L*** stating that (blah blah, lots of excuses) and that not only they have decided not to pursue the £15k but Mum will now receive a full widows pension!!!

I don't think I expected that at all! I was ready to fight to the bitter end but realistically I did think mum would probably have to repay the amount somehow...

So - thank you so, so much to everyone who helped me write my letter and get my head round the technicalities of the situation - I really couldn't have done it without you!!!

Lulu

AnotherJoe

Nice one, well done and thanks for updating this thread may help others in future.

kidmugsy

Hear, hear. Updating is both good manners and really helpful.