Deceased parents pension credit overpayment update

ancojo2

Update regarding my post a few weeks ago regarding overpayments.

I recieved two letters from the DWP today requesting repayment for Retirement Pension: Contributory £518.28 and Pension Credit £136.17 which were paid after my mother passed.

We have used the £2700 she had in the bank (her full estate including overpayment money) to help towards funeral expenses along with the £1953 we got from the Funeral Expense Payment, the total funeral costs inluding flowers was about £4650 which doesn't include the wake and other costs my mother requested.

I also, from a previous post, understand I may have to repay the funeral expense payment.

My question is what do I do in regards to these overpayments as there is no money left to repay these? Do I ring them and explain this or do I need to contact anyone to get help in regards to this as we dont have money to be able to repay this?

I found a post online which I think is similar but I'm not sure if it still stands?

https://www.moneysavingexpert.com/news/2022/01/dwp-has--no-legal-power--to-force-you-to-repay-pension-or-benefi/

Many thanks

Brie

The overpayment was to your mother and if her estate has no money then there's no way for this to be repaid.  Just tell them that.   They may try to get you to pay but it's not your debt.  You may need to remind them of that.

Personally I wouldn't ring them but put it in writing in response to their letters and send it snail mail.  

HillStreetBlues

Brie said:

The overpayment was to your mother and if her estate has no money then there's no way for this to be repaid.  Just tell them that.   They may try to get you to pay but it's not your debt.  You may need to remind them of that.

Personally I wouldn't ring them but put it in writing in response to their letters and send it snail mail.  

Totally agree
Put it in writing that there is no money from estate after funeral expense, and that should be the end of the matter.  

ancojo2

Thanks for the replies, when writing the letter back should I include copies of the funeral and flower bill and her final bank statement just so they have proof of no estate?

Thanks again

Keep_pedalling

How long after death were the payments made? If the payments were due the a failure to inform the DWP and the bank in a reasonable time frame then I don’t see that there is a case to avoid repayment.

ancojo2

My mother passed away on 10th May, she was paid state pension and pension credit into her bank on the following dates:-

13th May - £218.15

20th May - £218.15

24th May - £218.15

Total = £654.45

She was also paid £114.80 DLA 21st May

The Tell us Once were told on 16th May as we had to wait for an interim death certificate which was given to us on 16th May.

HTH

Thanks

Grumpy_chap

Are all the costs claimed as "funeral costs" permitted in this context?
I understood that flowers were usually paid by those showing their respects rather than by the Estate.  My understanding may be incorrect.

The comment about timeline for the payments and notification of death may also be pertinent.

ancojo2

The funeral without flowers cost over £3700 and thats with a basic coffin and no burial of her ashes as we scattered them so I'm not sure what costs come into it? The flowers are mentioned as the Funeral Expense Payment does include some helps towards flowers.

I suppose what I'm trying to say is even with my mothers £2700 in the bank which includes the overpayments its stil not enough to cover the costs of even just the directors basic funeral of over £3700, I'm a carer looking after my partner and we claim IS (About to switch to UC!) So we dont have spare income or savings so how I go about repaying not only this but the possible £1953 funeral expense payment is beyond me?

My paranoia has kicked in a little so I'd also like to add that in the 18 years of my partners disablity we have never been on holiday and we dont have contract phones so its not like we are squandering money on lifes little perks, maybe we are just bad at managing our money but the cost of keeping our house heated is disgusting! Apologies for my little self pitty ramble.

Thanks for the reply

peteuk

ancojo2 said:

The funeral without flowers cost over £3700 and thats with a basic coffin and no burial of her ashes as we scattered them so I'm not sure what costs come into it? The flowers are mentioned as the Funeral Expense Payment does include some helps towards flowers.

I suppose what I'm trying to say is even with my mothers £2700 in the bank which includes the overpayments its stil not enough to cover the costs of even just the directors basic funeral of over £3700, I'm a carer looking after my partner and we claim IS (About to switch to UC!) So we dont have spare income or savings so how I go about repaying not only this but the possible £1953 funeral expense payment is beyond me?

My paranoia has kicked in a little so I'd also like to add that in the 18 years of my partners disablity we have never been on holiday and we dont have contract phones so its not like we are squandering money on lifes little perks, maybe we are just bad at managing our money but the cost of keeping our house heated is disgusting! Apologies for my little self pitty ramble.

Thanks for the reply

 Sadly none of the highlighted is relevant - theres an overpayment - the question remains from where will they recover the overpayment from and as mentioned this is from the estate. 

The poverpayment is passed the Debt Management Recovery, they will contact the deceased’s next of kin, the bank the benefit was paid in to or whoever is handling the estate.  

At this point if there is no money to recovery it from. If you are liable for it then you should be able to set up a payment plan with them. 

HillStreetBlues

It won't get as far as any debt recovery.
When there is no money in the estate the DWP sends out a letter for each benefit, I expect talking about Common Law and how it must be paid, sometimes addressed to the executor or even the person reporting the death.
That will be it, the DWP won't chase payment and will write of the debt.
Some people are scared into paying, that's why they sent the letters out, as it costs nearly nothing to do that.

Pollycat

Interesting link:
Bereaved people do NOT have to return state pension wrongly paid to the deceased | This is Money

and a later link to an MSE article:
Ignore requests from the state trying to claw back pension overpayments after someone has died - they have no legal right to do so (moneysavingexpert.com)