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    • GeneGenie87
    • By GeneGenie87 11th Oct 19, 7:50 PM
    • 5Posts
    • 0Thanks
    Help - Pension Overpaid
    • #1
    • 11th Oct 19, 7:50 PM
    Help - Pension Overpaid 11th Oct 19 at 7:50 PM
    Hi all,

    Asking on behalf of an upset elderly friend.

    They've been receiving both their own & deceased husbands state pension.

    Earlier this week they received a letter stating they had been overpaid the husbands portion for the past 10 years and they'd like to reclaim this immediately (if not sooner).

    In total it's around 5000 and they want to take roughly 700 per month. When they spoken to them they've been less than polite and seem to think it's a perfectly reasonable time frame.

    As it's a state pension is there a statue of limitations on over payment claims and is there a maximum they can request as part of the payment?

    Any additional guidance would be appreciated!
Page 1
    • Silvertabby
    • By Silvertabby 11th Oct 19, 8:32 PM
    • 4,667 Posts
    • 7,410 Thanks
    • #2
    • 11th Oct 19, 8:32 PM
    • #2
    • 11th Oct 19, 8:32 PM
    Are you saying that the husband died 10 years ago and his widow didn't tell DWP? If so, then I'm sorry but she is lucky not to be charged with fraud.

    I'm guessing that the recovery has been set at 700 per month because that leaves her the minimum income guarantee (168 per week). Does she have any savings she can use to pay off the overissue?
    • venison
    • By venison 11th Oct 19, 8:44 PM
    • 3,783 Posts
    • 5,333 Thanks
    • #3
    • 11th Oct 19, 8:44 PM
    • #3
    • 11th Oct 19, 8:44 PM
    Cant understand this, was the husbands pension only 500 per year? whichever way you look at it that seems wrong.
    And statute of limitations would not apply as they can just recover from payments going forward without going to court.
    The only way forward if 700 a month is too much would be to negotiate lower but reasonable payments.
    "For the many not the few"
    • xylophone
    • By xylophone 11th Oct 19, 8:57 PM
    • 31,384 Posts
    • 19,456 Thanks
    • #4
    • 11th Oct 19, 8:57 PM
    • #4
    • 11th Oct 19, 8:57 PM
    Your friend and her husband were both in receipt of state pension at the time of the husband's death? He died in 2009?

    She advised DWP of the death of her spouse?

    They recalculated her state pension giving her the benefit of some portion of any additional state pension he may have had or perhaps having allowed her to claim on his contributions?

    Has she kept her state pension statements (received annually), showing how her pension was calculated?

    Have DWP given full details of how the alleged overpayment occurred and given a full breakdown of the calculations?
    • Alice Holt
    • By Alice Holt 11th Oct 19, 9:21 PM
    • 3,301 Posts
    • 3,858 Thanks
    Alice Holt
    • #5
    • 11th Oct 19, 9:21 PM
    • #5
    • 11th Oct 19, 9:21 PM
    The actions your friend may be able to take will depend on whether:
    a) The overpayment arose due to official error; or
    b) your friend failed to notify the DWP of a change of circumstances.

    More information is required for "any additional guidance".
    A reply to xylophone's questions would be helpful.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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