DWP RECOVERY FROM ESTATE DEBT MANAGEMENT FOR A PERSON WHO HAS DIED

Dizzybigos

I received a letter from DWP for the debt management of my deceased mum, who has been dead for nearly 3 years. It was for overpayment of pension credit over two years, 2021 - 2023. She was in a nursing home all this time. Do i have to pay it all back or can i fight the decision.

Would really appreciate some help. I have contacted them, but I am not the executor; it's my son. At the moment, I just want some advice before I chat to him about it.

HillStreetBlues

Did he advertise for creditors before discharging the estate?

freesha

YOU do not have to pay it back, no. The estate does, if anything left.

bazdvd

https://forums.moneysavingexpert.com/discussion/comment/81869679#Comment_81869679

Estate Distribution:

 As an 

executor or administrator

, you could become personally liable if you distribute assets to beneficiaries 

before

 paying off known creditors. To protect yourself, it is standard practice to place a Deceased Estates Notice in The Gazette, giving creditors two months to come forward

NedS

If YOU were not an executor of the estate, you should not be liable to repay the debt.

If your Son was executor, and also a beneficiary, then he will be liable. If he was executor but was not a beneficiary then he may potentially be liable if he failed to place an advert in the Gazette seeking any potential unknown creditors (failed to take all reasonable steps to identify unknown creditors).

As you are not an executor, you should not enter into correspondence with DWP about your deceased mother's affairs. You may pass the letter on to your son (or other executors) for their attention.

Dizzybigos

Thank you all. There is not much from the estate. I wasnt the executor, but I did gain from the estate. Can I pay back gradually? Is it worth taking it further, or will it be a waste of time? I can't believe that while in a nursing home, they were overpaying Pension Credit for 2 years and finally realised another 3 years later, a total of 5 years crazy.

However, if they overpaid her in 2021, they realised 5 years later. I get that it has to be paid. But why in one lump, well 50-50 with my son. Its over 8k.

Help appreciated

bazdvd

you will only need to pay as much as the estate was worth.
If for example you only got £1000 each then thats all you will owe as the rest would be written off.
If however there was 8K or more you be liable for the full amount.

Did He advertise for creditors as has been asked as this may change the outcome

HillStreetBlues

What I would check first is that is the overpayment is recoverable, if it's not it might simple be a request for repayment.

If it is recoverable, then they can only go after your son though the courts, but only if he never advertised for creditors.

Newcad

Look carefully at the wording of the letter.

They will ASK you to pay back, even when they know that ypu have no responsibility to pay it and there is nothing they can do if you say NO.

The letters are carefuly (even cunningly) worded to suggest that you must pay even when you don't have to and can just say no.

Basically they are often just trying it on to see if people will pay even when they don't need to.

It's all part of our brave new world of penny pinching benefits.

NedS

https://forums.moneysavingexpert.com/discussion/comment/81870378#Comment_81870378

Agreed (what you say about the letters is correct), but as I stated above, if they are not an executor, they should not be responding to DWP about someone else's affairs. If they do wish to respond to the letter, simply stating they are not the executor of the estate should be sufficient. They should not be agreeing or declining, or otherwise discussing payment of the debt.

freesha

https://forums.moneysavingexpert.com/discussion/comment/81869738#Comment_81869738

The OP is not the exor.