Pension overpayment of partner who passed away

theoretica

Northstar2 said:

Savvy_Sue said:

Brie said:

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. 

Even more insensitive if they do require repayment and notification was given promptly ... but that doesn't seem to be the situation here. 

Northstar2 said:

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

It might help if you clarified what has happened. Is the pension provider requesting a repayment of the final month, but only a year after your partner died? Or are they claiming that he was paid more pension that he was entitled to before he died? 

Did he leave a will? If he left a will, then this would be one to pass to the executors, if that wasn't you. If he didn't leave a will but you had to get letters of administration, the problem would sit with you (or whoever applied for letters of administration). 

If there were no funds in his estate (no property, nothing left in bank accounts after paying for funeral) then the executor would write and tell them that the estate was insolvent and therefore impossible to repay. 

So, he was paid months before he died with a lump sum. When he passed away, I reported it to them but said nothing. I applied for widower’s pension months later and they said I had none. Then months later they send a letter of the overpayment, saying their error of paying him as a single person and not with a partner. 

I understand now they have an obligation, but wouldn’t their error make their claim invalid at this point? I wanted to know my legal basis on this as I want to complain. It has given me sleepless nights now.

So are they saying now that there was an overpayment so some money is owed back, but there is a widower's pension due?  As otherwise single or not wouldn't make a difference.  So maybe worth getting information and doing some calculations about whether the widower's rights exceed what is being claimed back/ asking about offsetting.

Northstar2

theoretica said:

Northstar2 said:

Savvy_Sue said:

Brie said:

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. 

Even more insensitive if they do require repayment and notification was given promptly ... but that doesn't seem to be the situation here. 

Northstar2 said:

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

It might help if you clarified what has happened. Is the pension provider requesting a repayment of the final month, but only a year after your partner died? Or are they claiming that he was paid more pension that he was entitled to before he died? 

Did he leave a will? If he left a will, then this would be one to pass to the executors, if that wasn't you. If he didn't leave a will but you had to get letters of administration, the problem would sit with you (or whoever applied for letters of administration). 

If there were no funds in his estate (no property, nothing left in bank accounts after paying for funeral) then the executor would write and tell them that the estate was insolvent and therefore impossible to repay. 

So, he was paid months before he died with a lump sum. When he passed away, I reported it to them but said nothing. I applied for widower’s pension months later and they said I had none. Then months later they send a letter of the overpayment, saying their error of paying him as a single person and not with a partner. 

I understand now they have an obligation, but wouldn’t their error make their claim invalid at this point? I wanted to know my legal basis on this as I want to complain. It has given me sleepless nights now.

So are they saying now that there was an overpayment so some money is owed back, but there is a widower's pension due?  As otherwise single or not wouldn't make a difference.  So maybe worth getting information and doing some calculations about whether the widower's rights exceed what is being claimed back/ asking about offsetting.

One of my plans. But one of you here said overpayment must be settled. It is just ridiculous really. 

Northstar2

@theoretica I mean settled first

Marcon

Northstar2 said:

@theoretica I mean settled first

This is, quite understandably, causing a real upset and posting on a forum probably isn't going to give you the personal support you need. Get yourself some free, impartial, expert and sympathetic help: https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems

Spendless

I would ask for details about exactly what the overpayment is and why it occurred. I wasn't aware you'd get paid more as a lump sum if you're single than with a partner, so if this is what they are saying they need to put that in writing explaining and also what the 2 different figures are. If that isn't the reason and it's something else again you need a full explanation. 

Gavin83

Northstar2 said:

@Savvy_Sue and yes I am the executor why I am the one they’re chasing. About the estate being insolvent, I wonder how much they are entitled to dig on those information for details or is it just what I present them?

Either way it’s irrelevant, the estate is either insolvent or it’s not. If you lie to them that would be considered fraud and at the very least they could chase you personally, not just the estate.

So, was the estate insolvent or not?

I’m a little confused as to how this overpayment has occurred in all honesty but you don’t really seem to be disputing it. The first step is to ask for their calculations. Assuming these are correct and the estate was solvent it’ll need to be paid back.

I’d also try and be a little bit less upset about it and not take it so personally too. You complain about the timescales (in both directions) but in all honesty I expect you’d have been equally as upset whenever the request had arrived.

I agree with the other poster, some form of therapy/support might help.

Northstar2

Gavin83 said:

Northstar2 said:

@Savvy_Sue and yes I am the executor why I am the one they’re chasing. About the estate being insolvent, I wonder how much they are entitled to dig on those information for details or is it just what I present them?

Either way it’s irrelevant, the estate is either insolvent or it’s not. If you lie to them that would be considered fraud and at the very least they could chase you personally, not just the estate.

So, was the estate insolvent or not?

I’m a little confused as to how this overpayment has occurred in all honesty but you don’t really seem to be disputing it. The first step is to ask for their calculations. Assuming these are correct and the estate was solvent it’ll need to be paid back.

I’d also try and be a little bit less upset about it and not take it so personally too. You complain about the timescales (in both directions) but in all honesty I expect you’d have been equally as upset whenever the request had arrived.

I agree with the other poster, some form of therapy/support might help.

Wow. How interesting your comment is. 

Brie

I agree it would be worthwhile finding out what the widow(er)'s portion is versus the overpayment.  Once you know that then you'll be able to decide what to do further.  

Yes the money should be repaid.  But it would be completely irresponsible of anyone to insist you do that instantly, particularly when this is not a mistake of your making and has come as a surprise months after the event.  Even if it does need to be repaid that can surely be agreed to be done in increments.  Whether that is by you not receiving anything for 2 years or something before your widow(er)'s pension goes into payment or by some other means then sobeit.  Complain to the company, the pension administrator and the solicitors who appear to be now harassing you.

Sorry for your loss btw.  It's so easy for all of us to jump on the bandwagon with advice and (sometimes unhelpful) comments we often forget that there's a person trying to cope with something life has thrown at them.  

Northstar2

Brie said:

I agree it would be worthwhile finding out what the widow(er)'s portion is versus the overpayment.  Once you know that then you'll be able to decide what to do further.  

Yes the money should be repaid.  But it would be completely irresponsible of anyone to insist you do that instantly, particularly when this is not a mistake of your making and has come as a surprise months after the event.  Even if it does need to be repaid that can surely be agreed to be done in increments.  Whether that is by you not receiving anything for 2 years or something before your widow(er)'s pension goes into payment or by some other means then sobeit.  Complain to the company, the pension administrator and the solicitors who appear to be now harassing you.

Sorry for your loss btw.  It's so easy for all of us to jump on the bandwagon with advice and (sometimes unhelpful) comments we often forget that there's a person trying to cope with something life has thrown at them.  

Thank you very much x

Emmia

Brie said:

I agree it would be worthwhile finding out what the widow(er)'s portion is versus the overpayment.  Once you know that then you'll be able to decide what to do further.  

Yes the money should be repaid.  But it would be completely irresponsible of anyone to insist you do that instantly, particularly when this is not a mistake of your making and has come as a surprise months after the event.  Even if it does need to be repaid that can surely be agreed to be done in increments.  Whether that is by you not receiving anything for 2 years or something before your widow(er)'s pension goes into payment or by some other means then sobeit.  Complain to the company, the pension administrator and the solicitors who appear to be now harassing you.

Sorry for your loss btw.  It's so easy for all of us to jump on the bandwagon with advice and (sometimes unhelpful) comments we often forget that there's a person trying to cope with something life has thrown at them.  

I'm unsure if this has been covered, but was the OP married to the deceased or a nominated pension beneficiary? The use of "partner" indicates they weren't married, so depending on the scheme, the OP may not be eligible for ongoing payments. 

OP I'm sorry for your loss, and I hope you can get this all resolved quickly and without too much stress.