Pension overpayment of partner who passed away

Northstar2

Sorry I searched and no exact topic seems to come up on forum. I read this article from MSE that pensions have no power to ask repayment after death.

my issue is not a state pension though but a work pension. It says on this article that anything mentioned after death is not valid. But on my case, advice I had seems to be saying otherwise, and they still can get money. Please help me on any government site that I can use as reference. 

Savvy_Sue

It's true of the DWP, ie state pension. That doesn't mean it's true of any private or work pension provider. 

Is this the article you are referring to? That definitely refers to state pension, and also states that the DWP legally CAN ask for some overpayments to be refunded. 

If you are mistaken, and this overpayment can legally be requested, are there funds in the deceased's estate? I do not know what priority such a debt would have - the funeral always comes first. If there are no funds, then the situation changes. 

Also, is a spouse or other pension claimable? If that's the case, then it certainly won't be put into payment before the overpayment is dealt with. You could request that the overpayment be deducted from the first of the new payments due, but I don't know if they would have to agree to that. 

HobgoblinBT

Each scheme has its own rules and I can’t find any reference saying that a private pension overpayment is not recoverable.  I suggest that you look up the rules of the pension scheme in their members rules/guide, many of which are available online.

Keep_pedalling

As this is from a private pension then yes they can recover the over payment. 

Northstar2

@Savvy_Sue does it matter if error was discovered after death? He was paid way before he died. Now that no one can answer, they come out?

Northstar2

Same question @Keep_pedalling

Daniel54

Northstar2 said:

@Savvy_Sue does it matter if error was discovered after death? He was paid way before he died. Now that no one can answer, they come out?

What is the error that you perceive?

Occupational pensions are pretty much always paid in advance and the scheme is entitled to reclaim overpayment pro rate as from the date of death.

Brie

Some schemes allow the estate or remaining spouse to retain the final month's payment if notification of death is fairly prompt.  So if A was paid on 1st June for the month of June and died on 5th June then that month's payment may not need to be repaid.  Frankly this is because it will take too much time and effort by the administrators to calculate, inform, chase for the amount from 6 - 30 June.  It also appears very insensitive. 

What all of them should do though is to ask for money to be paid back if there's been a delay in informing them.  So if A was paid on 1st June but died in April and the administrators weren't informed until late in June they will chase for money paid in May & June as to not do so disadvantages the other members of the scheme.  

Northstar2

@brie there was no delay at all. They tell me this error after a year

Northstar2

@Daniel54 I am not assuming if you think that.They admitted fault, but only after he died, and months later in fact.

uknick

Northstar2, how much are we talking about? If it's a couple of thousand, and you plead hardship if you have to pay it back they might waive it.

If it's much more than that, as said, they have a duty to their pension members to manage the pension fund correctly and may well try to recover it.