Ignore requests from the state trying to claw back pension overpayments after someone has died

Lulu2red

DWP bereavement line is a shambles. They give out incorrect information and people just pay up. Some pensions are paid in arrears it depends on the date of the original claim. I was told my mother's Attendance Allowance for January needed to be returned, she died 2/1/22 when in fact it's paid in arrears. She even told me my mother was not entitled to claim Attendance Allowance and she had committed fraud. My mother was self funding! I told her she should find herself another job and maybe I could have hers because clearly she didn't know what she was talking about. Imagine how much money she is scamming out of unsuspecting grieving family members who want to the right thing. Daylight robbery. I would have thought we should all be entitled to a months grace on death. My father worked  all his life died at 63 got nothing. His state pension swallowed. My pension stolen, I have to wait an extra 6 years! Am I  going to repay 2 weeks overpaid pension? No and I told her you won't get a penny out of me. Just bin the letter is my advice.

hugheskevi

I'm all for consumers exercising their rights where appropriate, but relying on what can be legally enforced as a guideline for behaviour is going too far. If everyone acts like this there is just excessive costs of enforcement and prevention and everyone loses. I'm pretty disgusted at MSE for promoting non-payment of debt just because you can get away with it.

Here are a few other tips in a similar vein which MSE might find helpful too:

• To keep your wardrobe looking fresh, buy an expensive outfit online for a night out, then return it under 14 day distance selling rules. As long as there is no damage to the clothes, they can't refuse you a refund.
• At the start of the tax year, tell HMRC you plan to make a big pension contribution. This will lower your tax code. Correct your tax code shortly before the end of the financial year and you can get a 0% loan from HMRC by paying your tax only at the end of the year rather than throughout. You can even do this every year!
• Never leave a tip in a restaurant and remove all service charges from a bill if they are automatically applied - there is nothing the restaurant can do. Be sure to complain about the food - they might offer you a discount.
  
• If you get an Uber, after getting into the vehicle cancel the ride a couple of minutes into the journey. The driver may well not notice and take you to your destination, and you only pay for the journey up to where you cancelled. Nothing the driver or company can do about it.
• If you go out for a meal with friends and they offer to pay, you are under no legal obligation to pay the next time you go out. Just refuse, and there is nothing they can do about it.
• If you make a large purchase from eBay and it arrives by post without tracking, report the item as not delivered and you should get a refund.

Terron

Pollycat said:

I was very dissatisfied by how long it took for Mum's death certificate to come through.
Despite a brochure from the Bereavement Services at the hospital where she died giving a timescale, it took much longer. I rang them at least 3 times.
And then it took days for the Registrar to actually produce the d/c and provide me with the unique number for the 'tell us once' service.

 

There are various reasons why death certificates can be delayed. My Mum's took 2 weeks. She had been released from hospital on a Christmas Eve. They could not do anything more for her. She died on the following 4th January. Since she had been released from hospital but had not yet seen her GP (appointment for 6th January) and due to rules brought in after Shipman (who my parents knew) an autopsy was required, to confirm that it was what was expected that killed her. Due to the Christmas holidays there was a backlog so that took over a week. 

Twopints

hugheskevi said:

I'm all for consumers exercising their rights where appropriate, but relying on what can be legally enforced as a guideline for behaviour is going too far. If everyone acts like this there is just excessive costs of enforcement and prevention and everyone loses. I'm pretty disgusted at MSE for promoting non-payment of debt just because you can get away with it.

Here are a few other tips in a similar vein which MSE might find helpful too:

• To keep your wardrobe looking fresh, buy an expensive outfit online for a night out, then return it under 14 day distance selling rules. As long as there is no damage to the clothes, they can't refuse you a refund.
• At the start of the tax year, tell HMRC you plan to make a big pension contribution. This will lower your tax code. Correct your tax code shortly before the end of the financial year and you can get a 0% loan from HMRC by paying your tax only at the end of the year rather than throughout. You can even do this every year!
• Never leave a tip in a restaurant and remove all service charges from a bill if they are automatically applied - there is nothing the restaurant can do. Be sure to complain about the food - they might offer you a discount.
  
• If you get an Uber, after getting into the vehicle cancel the ride a couple of minutes into the journey. The driver may well not notice and take you to your destination, and you only pay for the journey up to where you cancelled. Nothing the driver or company can do about it.
• If you go out for a meal with friends and they offer to pay, you are under no legal obligation to pay the next time you go out. Just refuse, and there is nothing they can do about it.
• If you make a large purchase from eBay and it arrives by post without tracking, report the item as not delivered and you should get a refund.

I think you have just written next week's email

Own_Worst_Enermy

Let's be honest Martin Lewis was only there to get people huge 'payday loans' refunds.

Does he give a stuff that people's mental heath has been stuffed up by HMRC (who aren't as on the ball as they once were) probably not.

Thrugelmir

Own_Worst_Enermy said:

Let's be honest Martin Lewis was only there to get people huge 'payday loans' refunds.

Does he give a stuff that people's mental heath has been stuffed up by HMRC (who aren't as on the ball as they once were) probably not.

If you listed every organisation that people complain about. Nobody is left who is perfect at their own job. . 

Pollycat

Terron said:

Pollycat said:

I was very dissatisfied by how long it took for Mum's death certificate to come through.
Despite a brochure from the Bereavement Services at the hospital where she died giving a timescale, it took much longer. I rang them at least 3 times.
And then it took days for the Registrar to actually produce the d/c and provide me with the unique number for the 'tell us once' service.

 

There are various reasons why death certificates can be delayed. My Mum's took 2 weeks. She had been released from hospital on a Christmas Eve. They could not do anything more for her. She died on the following 4th January. Since she had been released from hospital but had not yet seen her GP (appointment for 6th January) and due to rules brought in after Shipman (who my parents knew) an autopsy was required, to confirm that it was what was expected that killed her. Due to the Christmas holidays there was a backlog so that took over a week. 

I appreciate there are various reasons why death certificates can be delayed.

My Mum died in hospital and she didn't have an autopsy.

The delay was unacceptable and caused at least part of the overpayment - which is why they only got part of the overpayment back.

warby68

I'm surprised at this one from MSE.

The thread title is not exactly neutral in tone.

Just because you CAN do something, doesn't mean you should.

Pollycat

MSE is late to the party.
Here is the original article by Paul Lewis back in May 2019:
Paul Lewis Money: DWP CANNOT ENFORCE DEMANDS TO REPAY PENSIONS PAID AFTER DEATH

Chris_English

There’s a real case of cultural differences going on here, I simply couldn’t imagine using a parent’s death to have the state over by taking money that neither they nor I were entitled to, and can’t understand the morals or thought process of someone who would.

I agree with the posts pointing out how unpleasant it is that this is posted as an instruction rather than as I formation about your legal rights.