Overpayment of pension after death

cleo121

When my 94 year old father died in May 2018 he was in receipt of a Civil Service pension of around £400 a month.  As his sole executor, within 48 hours of his death I had used the government’s Tell Us Once service to notify all relevant parties of his death.  Within ten months, probate was obtained, his house sold and his estate settled.  Now, some two years and three months after he died I have received a request from Civil Service Pensions for £560 which they say they overpaid.   I have to take their word for this as I shredded his bank statements once I had wound up his estate.  Do I have to pay this?  I’m a bit put out that it’s taken them this length of time to get their act together.  What would happen if I had blown through all my inheritance and no longer had the ability to repay this?  I was his sole beneficiary.  So far I’ve ignored them but have now received a third demand suggesting a payment plan.  I’m tempted to dig my heels in to see how far they’re willing to take it.  Has anyone any experience or advice on this?

Silvertabby

Unfortunately, the 'Tell us Once' service doesn't actually mean that they will tell everyone.  The  registrar would/should have explained  that the service only covers certain Governent departments such as HMRC and DWP and a limited number of Council departments.  However, I've been there and I know all too well how difficult it is to take everything in at the time.

The service doesn't cover utility bills and private bank accounts/pensions.  I believe that public sector pensions may now be included, but that almost certainly wasn't the case back in 2018.

Speaking as a retired LGPS administrator, it's likely that CS Pensions were first notifed of your father's death when a payment was rejected by his bank.  Also speaking from a LGPS point of view, yes you are liable to repay this money, and they are unlikely to let such a large amount go - but I would query why it has taken CS pensions so long to inform you. 

Mojisola

cleo121 said:

When my 94 year old father died in May 2018 he was in receipt of a Civil Service pension of around £400 a month.  As his sole executor, within 48 hours of his death I had used the government’s Tell Us Once service to notify all relevant parties of his death. 

I have received a request from Civil Service Pensions for £560 which they say they overpaid.  

Do I have to pay this? 

Of course you have to pay it.  One of your duties as executor was to inform them that he had died - it doesn't sound as if you did this.

As the sole beneficiary, you received money that you shouldn't have had.

As the executor, you are legally liable to repay the debt to the estate.

xylophone

As his sole executor, within 48 hours of his death I had used the government’s Tell Us Once service to notify all relevant parties of his death. 

https://www.civilservicepensionscheme.org.uk/members/active/active-faqs/

You should contact the Scheme Administrator (MyCSP).

You will also need to send an original death certificate to Civil Service Pensions who will review any monies due to or from the estate or beneficiaries. If the deceased was in receipt of a pension, on receipt of the notification, pension payments will be suspended.

Did CSP contact you after your father's death to  confirm that it had been noted in their records?

https://www.pensionsadvisoryservice.org.uk/pension-problems - you might telephone for advice.

cleo121

Mojisola said:

cleo121 said:

When my 94 year old father died in May 2018 he was in receipt of a Civil Service pension of around £400 a month.  As his sole executor, within 48 hours of his death I had used the government’s Tell Us Once service to notify all relevant parties of his death. 

I have received a request from Civil Service Pensions for £560 which they say they overpaid.  

Do I have to pay this? 

Of course you have to pay it.  One of your duties as executor was to inform them that he had died - it doesn't sound as if you did this.

As the sole beneficiary, you received money that you shouldn't have had.

As the executor, you are legally liable to repay the debt to the estate.

Ok, calm down.  I said that I used the Tell Us Once service to notify all relevant parties within 48 hours of his death.  Another poster said this might not cover Civil Service Pensions so I’ve just looked at all the paperwork from the time and can see that I notified CSP within the same 48 hour time frame.   So yes, they were informed.  But thanks for your incorrect assumption. 

cleo121

My mistake.  As it was so long ago I assumed I had told CSP via Tell Us Once.  Having dug out the paperwork I see that I did in fact inform CSP directly within the same time frame of 48 hours.  So yes, they were correctly informed.  But thank you for all the helpful comments.

Robin9

Did you have any acknowledgement from CSP ?  £560 implies they did cancel his pension as this is a month and a bit.

xylophone

The OP might check her father's bank statements ( the estate records) if she still has them).

Mojisola

cleo121 said:

Mojisola said:

Of course you have to pay it.  One of your duties as executor was to inform them that he had died - it doesn't sound as if you did this.

As the sole beneficiary, you received money that you shouldn't have had.

As the executor, you are legally liable to repay the debt to the estate.

Ok, calm down.  I said that I used the Tell Us Once service to notify all relevant parties within 48 hours of his death.  Another poster said this might not cover Civil Service Pensions so I’ve just looked at all the paperwork from the time and can see that I notified CSP within the same 48 hour time frame.   So yes, they were informed.  But thanks for your incorrect assumption.

That's a bit rich considering you didn't think you had informed them - and I only said 'it doesn't sound as if you did this' - not that 'you didn't do it'!

Brynsam

xylophone said:

The OP might check her father's bank statements ( the estate records) if she still has them).

From OP:

cleo121 said:

I have received a request from Civil Service Pensions for £560 which they say they overpaid.   I have to take their word for this as I shredded his bank statements once I had wound up his estate.  

OP - annoying, but yes, as executor you do need to repay.

xylophone

Have you checked your estate records (if you still have them) for any income received just before / after death?