Refund Request PIP

McNat

Hiya,

My father-in-law recently passed away, we had a letter come through from DWP asking for us to pay back some money that had been overpaid £259.54 into his Post Office account from Personal Independent Living: Daily Living and Mobility. We're aware that we can't be chased for pension but does this apply for all benefits? Do we have to pay this back?

My other half is furloughed again now so we could really do without the extra expense at the moment!

Any help or advice would be awesome thanks

Torry_Quine

You personally don't have liability. Did he leave any estate as if he did then yes the money is owed. Whoever is executor needs to deal with this.
Sorry for the loss.

McNat

Hiya thanks for the reply and kind words, he did leave some but it was spent on his funeral, most of it was made up of this PIP payment and his pension.

So this isn't like the pension where they can't pursue you, they will chase us for this?

Torry_Quine

If there's no money or property after paying for the funeral then the debt dies, this includes all benefit payments including the pension.

GSS20

The DWP do request that any money overpaid into deceased account be paid back but apparently they only write once and you are not obliged to return it but letters do not state this, they have no legal powers. They do have the right to claim back any wrongly calculated benefits due to misinformation or fraudulently claimed by the deceased.

Newly_retired

It is normal for DWP to reclaim any payments which cover the period from date of death. Equally normal to repay them, if there are funds in the estate.

Have you into DWP Funeral Payment?
https://www.gov.uk/funeral-payments

McNat

Honestly I'm not sure, we registered the death immediately so it definitely wasn't a fraudulent claim on our part. I think it may be due to his last two weeks being in a hospice maybe and so wouldn't have needed the PIP but this went directly out to his landlord.
So just so I'm clear, is this something we have to pay back to them or will they not chase us for it? I know they wouldn't for pension but it seems very unclear about this PIP payment :-/

Linton

McNat said:

Honestly I'm not sure, we registered the death immediately so it definitely wasn't a fraudulent claim on our part. I think it may be due to his last two weeks being in a hospice maybe and so wouldn't have needed the PIP but this went directly out to his landlord.
So just so I'm clear, is this something we have to pay back to them or will they not chase us for it? I know they wouldn't for pension but it seems very unclear about this PIP payment :-/

You are not responsible personally for the debt. Debts cannot be inherited.

Debts remaining after death are the responsibility of the executor to pay from the money in the estate after funeral costs have been paid.

Mrs_Ryan

You definitely don’t need to pay it back. I had this with my dad- all he left were a few coins that were in his pocket, and my mum paid for the funeral with her own money. I just rang them and said he died intestate and the funeral was paid for by funds solely belonging to his wife (my mum) They closed it off there and then and my mum heard nothing more.