Overpayment of retired Army Pension following death

Jaunty

I am aware of the thread here regarding over payment of the state pension due to timing issues only and whether you are legally (as opposed to morally, I read the thread!) obligated to return it

Ignore requests from the state trying to claw back pension overpayments after someone has died - they have no legal right to do so

Does any one know if this premise would apply to an Army pension also? It is a moot point at the moment but I am trying to find out.

Thanks

Savvy_Sue

I don't know, but is there a survivor's or child's pension available? 

One of my in-laws died the day after the private pension hit the bank account. Within a week there was a VERY strongly worded letter demanding that this be repaid, and stating that the survivor's pension would NOT start payment unless and until this as done. Fortunately there was no problem meeting their demands, but it was really a very unpleasant letter. 

Silvertabby

Yes, any overissue would have to be repaid.

Note that the 'Tell us Now' service isn't all it's cracked up to be.  Would advise ringing the pensions people direct, in order to minimise any possible overissue.

Jaunty

Thanks both. 

They've now acknowledged receipt of info and that there may have been an overpayment. Awaiting details.  

There aren't any widow or dependant benefits to worry about here. 

Magnolia

Jaunty said:

There aren't any widow or dependant benefits to worry about here. 

Double check https://www.gov.uk/guidance/pensions-and-compensation-for-veterans to see if you qualify or not.

SH855

Jaunty said:

I am aware of the thread here regarding over payment of the state pension due to timing issues only and whether you are legally (as opposed to morally, I read the thread!) obligated to return it

Ignore requests from the state trying to claw back pension overpayments after someone has died - they have no legal right to do so

Does any one know if this premise would apply to an Army pension also? It is a moot point at the moment but I am trying to find out.

Thanks

Did you get an answer to this? I have the same issue with an Armed Forces overpayment that they are asking me to pay, letter says it does not form part of the deceased’s estate and they are required to seek recovery from me. 

Keep_pedalling

SH855 said:

Jaunty said:

I am aware of the thread here regarding over payment of the state pension due to timing issues only and whether you are legally (as opposed to morally, I read the thread!) obligated to return it

Ignore requests from the state trying to claw back pension overpayments after someone has died - they have no legal right to do so

Does any one know if this premise would apply to an Army pension also? It is a moot point at the moment but I am trying to find out.

Thanks

Did you get an answer to this? I have the same issue with an Armed Forces overpayment that they are asking me to pay, letter says it does not form part of the deceased’s estate and they are required to seek recovery from me. 

The reason it does not form part of the estate is that it was paid after the date of death. If you are the estate administrator then yes you are responsible for repaying it 

Jaunty

SH855 said:

Jaunty said:

I am aware of the thread here regarding over payment of the state pension due to timing issues only and whether you are legally (as opposed to morally, I read the thread!) obligated to return it

Ignore requests from the state trying to claw back pension overpayments after someone has died - they have no legal right to do so

Does any one know if this premise would apply to an Army pension also? It is a moot point at the moment but I am trying to find out.

Thanks

Did you get an answer to this? I have the same issue with an Armed Forces overpayment that they are asking me to pay, letter says it does not form part of the deceased’s estate and they are required to seek recovery from me. 

There was no overpayment but if there was it would have had to be repaid. There was an overpayment on another  non-state pension that I had to repay.

DavidT67

Given that since the Autumn it now takes considerably longer for a death to be registered, as all deaths are now referred to a medical examiner or a coroner, and the tell us once service and other death notification services don't kick-in until a death is registered, the likelihood of overpayments of pensions has certainly increased. 

Currently dealing with an estate with state pension, three private pensions and two annuities, so certainly some monies due or owed.

One of the annuity providers said to allow them 'up to thirty days' to respond ! That doesn't help with establishing probate values in a timely fashion.

madbadrob

The case the OP was referring to is an overpayment after notification of a death.  So the answer to the question is when did the army receive notification of his death and was the payment made after they were informed.  If they overpaid before being notified you are legally required to return the overpayment.  If they make an overpayment after being told about the death then id say as with the DWP they are not entitled to recover it based on that case.

Seek legal advice to be certain.  CAB is free

Silvertabby

madbadrob said:

The case the OP was referring to is an overpayment after notification of a death.  So the answer to the question is when did the army receive notification of his death and was the payment made after they were informed.  If they overpaid before being notified you are legally required to return the overpayment.  If they make an overpayment after being told about the death then id say as with the DWP they are not entitled to recover it based on that case.

Seek legal advice to be certain.  CAB is free

Note that AFPS pensions can be paid on any weekday of the month, not just the last working day, and that the pay run is done 2 weeks before the due payment date.

So, it could be that AFPS are notified of the death before the actual payment date, but too late for them to recall the payment from the banking system.  They would then require repayment of the overissued amount (which may not be the entire payment).

CAB are good, but they can't possibly know how all pensions schemes operate.