Overpayment letter sent for £20,000 - Pension age error / PLEASE HELP!

HillStreetBlues

I won't comment on how best to deal with DWP, but will give you a bit of into of any debt your mother might have.

Any debt would solely be your mothers, family can help out but legally they do not have too.

Now will talk in general
When a person dies with a sole debt, that debt can only come out of their estate, if there is no estate after all costs are paid for (eg funeral) then the debt dies with that person.

You might already know this,  but just wanted to make sure you did.

sheramber

HillStreetBlues said:

I won't comment on how best to deal with DWP, but will give you a bit of into of any debt your mother might have.

Any debt would solely be your mothers, family can help out but legally they do not have too.

Now will talk in general
When a person dies with a sole debt, that debt can only come out of their estate, if there is no estate after all costs are paid for (eg funeral) then the debt dies with that person.

You might already know this,  but just wanted to make sure you did.

The debt is the mother's,

powerspowers

What a mess! I’m sorry for your loss. 

I can’t add anything to the advice that has been given except it is disappointing that CA don’t have any appointments but depends on local funding. It may also be worth checking with your local council if they have a welfare rights service or fund any advice centres etc. some do and some don’t. 

HillStreetBlues

sheramber said:

The debt is the mother's,

Glad you agree,

sheramber

HillStreetBlues said:

sheramber said:

The debt is the mother's,

Glad you agree,

Ant the mother is alive so the comments about debt  being due from the estate,  not the family, are irrelevant.

HillStreetBlues

sheramber said:

Ant the mother is alive so the comments about debt  being due from the estate,  not the family, are irrelevant.

I wanted to make clear to the OP (who might not know the full laws)  that family isn't and would not  be libel for the debt.
Giving advice after the fact can be too late

So clearly it is relevant.

sheramber

The OP is aware that it is his mother's debt but  he says

I understand that they may not be have means to recover but I don't want her to have any problems coming back to the UK as she has my sister here who she will likely visit in the future.

He is trying to find out exactly how much his mother owes.

JIL

If mum moves abroad, can she not claim retirement pension from the UK?

https://www.gov.uk/international-pension-centre

I agree that the best way forward is to get the backdated pension credit offset against the overpayment, I'm sure with an MP involved this may be the outcome. Amazing what a bit of pressure does.

Also just to add DWP can recover overpayment of benefits from people living abroad but it depends on the country and the overpayment reasons. There are reciprocal arrangements in place with some countries.

calcotti

JIL said:

If mum moves abroad, can she not claim retirement pension from the UK?

OP previously said taht she doesn't qualify for SP, only PC. PC cannot be paid abroad.

nachfee said:
Parents aren’t a entitled to any State Pension, they haven’t paid 10 years of NIN contributions because they came to toe country late. 

JIL

calcotti said:

JIL said:

If mum moves abroad, can she not claim retirement pension from the UK?

OP previously said taht she doesn't qualify for SP, only PC. PC cannot be paid abroad.

nachfee said:
Parents aren’t a entitled to any State Pension, they haven’t paid 10 years of NIN contributions because they came to toe country late. 

Agreed, but I'm not sure where they came from and the new state pension rules. If pension credit wasnt claimed at the correct time, are we sure state pension was properly looked into?

https://www.gov.uk/new-state-pension/living-and-working-overseas

Reciprocal arrangements may apply.

Hence a lot more sorting out to be done.

I really would be appealing this overpayment and involving my MP. It's a ridiculous situation that a date of birth is held on a benefits payment system (UC) and that system allows an overpayment to happen, and because there aren't supposed to be any UC overpayments its recoverable.

Add in the death of a husband for this to come to light, along with the fact that another state benefit should/could have been paid. It's a terrible situation for the individual to sort out.