DWP threat of court action

[Bitterend]

I am administering my mothers estate. The DWP recovery from estates dept have requested all my mothers documentation which I have sent. They issues a claim on the estate so I asked them to provide details of how the claim was arrived at. I am still waiting for this. I rand them about their delay and was told that there is 'a due process'.
I have just received a letter threatening court action for recovery of the sum in their assessment, along with a CCJ and a marker on my credit file, also a threat that any outstanding amount can be deducted from my current or future welfare payments.
After the initial shock I am now angry. Can they really deduct money from my pension on account of my mothers over-payments? I feel a strong letter coming on demanding an apology.
I know that any court action would be dismissed whilst their investigations are still in progress, but I understand that they do not need to go to court to make deductions from any payments. Can deductions be taken from my payments as I am the administrator to clear my mothers account? seems somewhat illegal to me.

[worry wort]

Re: DWP threat of court action

I'm so sorry to hear about this. It does seem the DWP are being rather heavy handed with you over this.

This may help you.

https://www.whatdotheyknow.com/reque...y_from_estates

Also Google 'DWP recovery from estates dept' and loads of other cases will come up.

Yes they can deduct from ongoing benefits, but that depends on how the executer has dealt with the estate so far, or so I believed.

[Bitterend]

Re: DWP threat of court action

Thanks,
But what I really want to know is; Is the DWP legally allowed deduct payments from my pension payments to credit my mothers account?

Because this is what they are threatening to do.

[des8]

Re: DWP threat of court action

As administrator of your mother's estate, if a distribution has been made of the assets which cannot be recovered from the beneficiaries, the DWP can proceed against you.
There are time limits.
They can only recover up to the value of the estate.
On an earlier thread I recall you stating the estate was very small, and your sister had emptied your mother's bank account.
Ensure the DWP are aware of this, and where they may find some of the assets.

[Bitterend]

Re: DWP threat of court action

As far as I know they can only go back 6 years from the date of determination. If they proceed with a court action then the limit of what they can get through the courts is for the last 6 years. However they are threatening me with deductions directly from my pension. They don't care where the money is. As far as they are concerned as administrator I am responsible, and I have to pay.
They don't have to go to court to be able to deduct from current/future welfare payments. This is how they are recovering social loan payments etc which are over 6 years old, they just deduct from the claimants current benefits.
But can they deduct from my benefits payments to cover the shortfall in my mothers account? It looks like I am already going to have to pay for the last 6 years, which I don't think is fair, but to have more taken from my pension is really going too far.

[worry wort]

Re: DWP threat of court action

I believe the DWP can go back over an overpayment as far as they like. I don't believe there is a 6 year cut off. Google overpayment cases and you'll see.

Have you been to the CAB and talked about this? They often have a better idea of benefit based issues then a solicitor would.

[des8]

Re: DWP threat of court action

If a deceased person was overpaid benefits, the DWP can claim back those overpayments from the deceased's estate.
The DWP can claim back those overpayments, no matter how long ago the overpayment occurred.

The DWP can only claim back the amount left in the estate after certain priority debts have been paid.

As you are the administrator, you are responsible for the distribution of the estate.
If you distributed the estate before all known and properly declared debts were paid, any creditors of the estate (which may include the DWP) can pursue any beneficiaries.
If the beneficiaries have already disposed of their legacy the DWP can pursue the administrator, but only for the amount of the estate.

As the overpayment was not made to you, I suspect (but don't know for sure) that the DWP can't take the money from your benefits without first obtaining a court order. The facility for deducting from benefits was to facilitate the repayment of overpayments made to that
person, not just for collecting any old debt.

I assume you didn't post a section27 notice under the Trustee Act 1925

[Bitterend]

Re: DWP threat of court action

Section 27 notices were posted.
The case has been to appeal to the CTS. The tribunal service did not acknowledge the section 27 notice, neither did they allow for the fact that the DWP are claiming against three different NI numbers. This is apparently an administrative error and not admissible.
Before the appeal hearing; so whilst 'due process' as the DWP refers to their investigations, was in progress, I received a letter from the DWP threatening court action in the civil court (County Court) for recovery. There is a time limit as the statute of limitations allows 6 years from the date of determination (The CTS decision) They seem to be aware of this as they also threatened me with deduction from current and/or future benefits.
I know that they can, and do, to recover sums outside of the statute barred period, without court to court, from the original claimant. What about someone else's account? I can find nothing to support their threat. Is this another bullying tactic?

[worry wort]

Re: DWP threat of court action

Any further developments on this one?

[Openlaw15]

Re: DWP threat of court action

I am administering my mothers estate. The DWP recovery from estates dept have requested all my mothers documentation which I have sent. They issues a claim on the estate so I asked them to provide details of how the claim was arrived at. I am still waiting for this. I rand them about their delay and was told that there is 'a due process'.
I have just received a letter threatening court action for recovery of the sum in their assessment, along with a CCJ and a marker on my credit file, also a threat that any outstanding amount can be deducted from my current or future welfare payments.
After the initial shock I am now angry. Can they really deduct money from my pension on account of my mothers over-payments? I feel a strong letter coming on demanding an apology.
I know that any court action would be dismissed whilst their investigations are still in progress, but I understand that they do not need to go to court to make deductions from any payments. Can deductions be taken from my payments as I am the administrator to clear my mothers account? seems somewhat illegal to me.

Yes DWP can make claims against the estate of someone who has passed away. However the claims made are against the claimant, ie not the appointee, ie executor/ executrix (female) at DWP common law (based on judge's deciding cases). DWP has certain laws but Parliament in 2011 (who make the main law, ie statutes) said that any overpayment claims must be made under statute and not common law. It is possible that claims can be made under the Welfare Reform Act (2012, I think) therefore. However, what is very relevant is if the overpayment came about owing to fraud or failure to disclose change of circumstances. Just because claims are possible against the estate does not mean that they will succeed. The law is not at all straight forward. NB: I know this post was made in 9 Dec 2015 but these claims can go on for a long time. It is very controversial law so it's not automatic. The law for joint claimants for instance is not straight forward and if any remedy is available involves tracing...ie mixed bank accounts creates problems. DWP in any event must also be able to refer to a law that grants powers, this goes right back to ancient common law in public law systems.