DWP and repayment claim

[Ladidi]

Hi everyone,

I was wondering if anyone can offer me any advice. My grandmother passed away last year and everything was dealt with by solicitors on behalf of my uncle. The DWP made a payment to them on behalf of my grand mother to tune of a few thousand pounds after her death. The details of this payment was checked by uncle and the solicitor to make the payment was what was due in event of her death.
The DWP confirmed the payment was due to her estate and that they had closed her files. This was then passed onto my uncle from the solicitor who then waited for payment to clear and then shared it between himself my aunty and my dad.

Nearly a year later, they have written and said we are sorry but payment made was incorrect and that they have gone back to 1999 and said my grandmother received too much of whatever they were paying and have asked for it all back from that date from uncle, who btw does not have any money an dlives on state pension as does my dad, my aunty is the only who is still employment.

Anyway, I beleieve they cannot ask for what was down to their error and secondly anything more than 6 years ago is statute barred. Am I right????

I have no idea what this payment is for that was received or what my grand mother received when she was alive all I know is the DWP is now chasing my uncle for something that he had no control over and was not hiserror. Can anyone advise me please?

Thanks

Ladidi

[mjc1]

Re: DWP and repayment claim

Hiya,

Those more wise than me will need to check this:

On the downside, unfortunately I do not think rules around being statute barred would apply as this is not credit related "debt" but potentially overpaid benefit. Also, the DWP, local council etc are still allowed to pursue recovery of overpayment even when they have made the mistake although it might be they have to provide some form of reasoning for this


However, on the upside, you should be able to make a very strong case that it is not reasonable to pursue recovery for any or all of the following:

1. Your Grandmother is sadly deceased
2. That they have written to the solicitor at the time confirming payment due and that sums were correct
3. That her estate formalities have been taken care of and as such there are no/insufficient funds available to allow recovery of the overpayment (If this is not the case then might be a little stickier here but given nearly a year if not complex should be completed)
4. That even if recovery action were pursued against her relatives (in the absence of being able to do this against her estate) the families financial circumstances are such that recovery would cause undue financial hardship
5. The overpayment is a departmental error where the customer could not have known they were being overpaid
6. The notification of overpayment has not followed any prescribed form or timescale contained in the relevant benefit regulations (not sure as to detail here but reasonable to state given attempted recovery around a year after she has passed away)
7. (Potentially if they really do persist) There is insufficent evidience to establish an overpayment and support recovery action

So if it were me I would start with a nicely worded letter with the first six points - see what comes back. Hopefully, common sense prevails and the matter is written off.

If it does not I would think you are in to requesting supporting evidence of their claim (point 7) including any and all details about appropriate regulations that apply and any correspondence that they hold which was sent to your Grandmother. If they are really playing silly beggars might need to be a subject access request (and £10 fee).

Absolute worst case (assuming estate formalities have long since been dealt with) - agreed minimal repayment schedule of overpaid sum (but I would think fairly long way to go before they ever got there??). If estate formalities not concluded then potential claim against her estate but only after putting them at proof of amount and correct process.

Hope this helps, more wise than me will no doubt be along.

Best of luck

[alroh57]

Re: DWP and repayment claim

Hi I have the same problem. I am being asked to pay back an over payment that goes back to 96-98 which is 12 years old. I cant remember last month yet that long ago.

I posted on here yesterday about this and could do with help as well.

[Guest]

Re: DWP and repayment claim

We will need to know more details. It is a general principle of English law that money paid by someone under a mistake of fact could be recovered and the DWP will be entitled to recover any money paid. There is no distinction regarding who made the error and the six year limitation period does not apply here.

Has your Uncle receieved a letter demanding payment under s.71of the Social Security Administration Act 1992?

[Tools]

Re: DWP and repayment claim

link to alroh57's thread over payment of housing benifit - Legal Beagles