DWP paid deceased pension into joint acount - advice needed

RAWS

molerat said:

Have you not read the link posted by Marcon ?

Mr Lewis wrote: "If you are not happy doing that then write back asking what statutory power the DWP is relying on to recover the money. It will then respond to say it has no power. You can then confidently ignore the payment demand. The DWP also cannot use common law to recover the debt."

A DWP spokesperson told us: "There is no legal obligation to repay a debt of this type, but we recognise some people will be willing to repay money to which there was no entitlement. We provide full contact details and encourage anyone with concerns to call us."

In a Supreme Court ruling in December 2010, the court also held that common law (unwritten laws based on legal precedents set by courts) could not be used to recover money paid by official error.

yes I have and have acknowledged it BUT there are cases where recovery of this money IS enforceable and I want to know that I'm understanding everything fully before I contact the dwp. 

Marcon

RAWS said:

Just got this from a lawyer on Just Answer:

As a rule, the DWP is entitled to recover a state pension overpayment made after the date of death, even where the death was reported, and it is treated as a recoverable debt from the person who received it.

They cannot simply “take” life insurance proceeds as a matter of course, but if the policy pays out to her and she holds the money, the DWP can still pursue repayment from her because debts are paid from whatever funds she has available, and that can include using part of the insurance payout if she chooses to settle the debt.

a The practical route here is to contact DWP Debt Management immediately, explain she reported the death and that repayment in one go is not affordable, and ask for an affordable instalment plan and for recovery not to be taken by deductions from her ongoing benefits without an agreed arrangement, especially given she is on pension and other support.

You might want to post this link to help the lawyer concerned understand the correct position in respect of state pension overpayments after death: https://www.bbc.co.uk/news/articles/c9w5eeexex9o.amp

xylophone

In view of her widowhood, has there been any adjustment to her own state pension?