Bereavement and State Pension Repayment

Gig1968

My mother recently passed away. this month?The DWP God bless them are asking for two weeks worth of pension  payments back.  This is not quite true as it should be 12 days but having spoken to some heartless soul at the DWP refused to change the amount. It was paid into a joint account. My mother had no estate everything was in a joint name.  So if there was no estate how can they can claim it  back. I know it's not right. But having spent an hour waiting to speak to the bereavement office and then the same to the pensions department with no sympathy and not them even taking to account that mom died two days into one of the weeks. I am going to make it as bloody difficult as I can for them to get it back. It's hard enough losing your mom as it is...

baza52

Gig1968 said:

My mother recently passed away. this month?The DWP God bless them are asking for two weeks worth of pension  payments back.  This is not quite true as it should be 12 days but having spoken to some heartless soul at the DWP refused to change the amount. It was paid into a joint account. My mother had no estate everything was in a joint name.  So if there was no estate how can they can claim it  back. I know it's not right. But having spent an hour waiting to speak to the bereavement office and then the same to the pensions department with no sympathy and not them even taking to account that mom died two days into one of the weeks. I am going to make it as bloody difficult as I can for them to get it back. It's hard enough losing your mom as it is...

is it really worth giving yourself more upset.
Can you not just pay them and move on with your life.

NedS

Sorry for your loss.

I'm not an expert on such matters, but surely everyone has an estate. You mention everything in joint name. With whom - her partner/spouse? What assets / debts did she have? I assume the amount would pass to her estate as a debt and DWP will wait their turn along with all other claims on her estate to be settled in probate by the executor. Did she have a will?

calcotti

Any payment made for a period following the death is an overpayment which is a debt payable by the estate.

TELLIT01

I may be wrong, but there is something buzzing around in the back of my mind that repayment of pension overpayment will be requested but will not be pursued beyond that original request letter.  Somebody with more direct experience of the system can comment.

calcotti

When I dealt with an estate I recall DWP being able to recall money from the bank account without me having any control over it - but perhaps that is not possible from a joint account.

Gig1968

Thanks for your kind words.
My mom was 83. Lived with her hubby for 62 years. They shared everything.  Hence no estate.

Gig1968

The letter states my dad has to make payment via card or bank transfer so I guess they can't dip into the joint account and take it back. 

McKneff

Mostly everyone has an estate, a car, jewelry, wedding ring. Handbags etc. 
Just so you know any funds in a joint account revert totally to the surviving spouse
So they cannot take money back any way because it all belongs to your dad
Do you really want the hassle it will cause your dad and you. 

NedS

I suspect DWP are trying it on, to see if it is repaid quickly (easy win). There is no responsibility on her husband to repay the money as it is not his debt. Simply pass the letter to whoever is dealing with her estate.

GHolmesAdmin

Just pay it and move on I had to pay some back when my dad died, you WILL pay it eventually so why not just get it out of the way now.