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DWP Overpayment request/Liability

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  • Shelldean
    Shelldean Posts: 2,398 Forumite
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    badmemory wrote: »
    Unfortunately the DWP seem to have access to the probate figure but not to the sources of that figure. This problem seems to crop up a lot & I can only remember one that was NOT related to ownership of a property.

    Ours wasn't property related.

    But due to her age ( I think) she had protected savings and so the amount of savings when she first claimed and the amount of savings when she died were greatly different.
    And this difference is what caused DWP to investigate.

    We did have to pay an amount back eventually. DWP took ages and ages. But it was as resolved in the end
  • hb2
    hb2 Posts: 1,398 Forumite
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    When DWP tell you if/what they want, check the dates carefully. We got a letter demanding nearly £1000 from Mum's estate but the dates didn't make sense. It turned out that the registrar had put the wrong date of death into 'Tell us once' and, taking into account that some of Mum's payments were made in arrears, we actually didn't owe them anything at all.
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  • Flugelhorn
    Flugelhorn Posts: 5,743 Forumite
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    I am delighted to hear that MICKIE has been able to chat to the DWP and they have now reassured him and his father over their concerns re executor's liability.
    Good job the forum was here and came out with the right info!
  • Frogletina
    Frogletina Posts: 3,902 Forumite
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    I have been in a similar situation where a letter for recovery from estates was received for a person who was not on benefits when he died, but was on Universal Credit for just a few weeks 6 months previously.

    The RE dept of the DWP had the total from the probate and it was high compared to what he stated he had when he did claim.

    I rang them and was told it was the law to fill the form in, but I was not happy (the form was badly written as well) and was told I'd get a call back. This didn't happen, so I complained again.

    The manager I spoke to listened as I explained that he had a mortgaged property, which was included in the figures, also the total figure included an inheritance that had not been distributed at the time of his death as that was still going through probate, and still requires a house to be sold before it is added to the estate.

    The manager was happy with this and closed the case.
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