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

[Deleted User]

https://forums.moneysavingexpert.com/discussion/comment/81954347#Comment_81954347

Yes, Google search provided a link to this forum and exact post, that is how I arrived here! Thanks for the reminder that Google is available, some people may not be aware that it is their friend.

I now have a better understanding of the situation. Thanks.

Thanks as well, time2go

Pollycat

https://forums.moneysavingexpert.com/discussion/comment/81954472#Comment_81954472

Other search engines are available… 👍

0SP0

Google has no current update I could find since Martin Lewis posted this in 2022.

After receiving 2 conflicting letters from DWP, one stating underpayment, and one stating nothing owed. I called and was given the following info...

Pensions are paid in arrears and in advance depending on the year initially received. So you will have to call DWP with the NI number of the deceased to find out if money is owed to you as Next of Kin (underpayment of pension) or back to DWP due to overpayment.

They will ask the bank of the deceased directly, to return any overpayment, which the banks are usually able to do without the permission of next of kin/executor. If they can't they will contact NOK/E directly, and if funeral expenses can be proven, usually they will waive the overpayment. I didn't get into what legal powers they have to reclaim any money from me as the amount owing was small and the bank should be able to return it. I'll update if DWP contact again about money owing.

Pollycat

https://forums.moneysavingexpert.com/discussion/comment/81954873#Comment_81954873

The extra information you have now provided clarifies your position a little.

So you have not been asked by DWP to repay any overpayment because you state you were told

[1] the pension had been underpaid

and

[2] there was nothing due

So I'm confused why you asked about having to repay any pension overpayment…

Have DWP explained why they gave you 2 different responses?

To be clear, are we just talking about state pension or some other benefit like pension credit?

ETA:

here is a more recent article that Google threw up:

DWP confirms when you don't need to give back state pension overpayment - The Mirror

Extract:

When overpayments occur, the DWP writes to individuals to request repayments. However, former Pensions Minister Sir Steve Webb - who is now a partner at pensions consultancy LCP - says the department does not make it clear in these letters that the repayments are voluntary after using a Freedom of Information (FOI) request to get one. 

In my opinion, if DWP say overpayments are voluntary, they should not be asking banks to return overpayments without contacting the representative of the deceased.

If this is actually happening, someone like Martin Lewis may be interested.

Do you have this in writing from DWP?