DWP Recovery from Estate - Pension Credit overpayment

[Dreadfulfaery]

Re: DWP Recovery from Estate - Pension Credit overpayment

Kennelclub, Im in exactly the same predicament, it was almost 4 months later and after several letters that the DWP decided that there was an overpayment of PC to my grandfather and now its been "with collections" for three months. They wanted details of account from 10 years ago. Ive a funny feeling that it was the sale of my papas house that's making them think he was loaded but that only happened 3 years ago, his solicitor had POA over his finances so he should have damned well informed the DWP. So angry at both of them.

[Kennelclub]

Re: DWP Recovery from Estate - Pension Credit overpayment

I personally think there are issues about legal rights in reference to a time limit. Businesses keep financial records for 6-7 years after which it's the responsibilty of other parties to prove that there is a debt owing. The same should go for Government departments including the DWP!

[andyluce]

Re: DWP Recovery from Estate - Pension Credit overpayment

I found myself in a similar situation to others in this thread, in relation to the DWP, when my mother died in 2008. My mother had been receiving Pension Credits and Disability Living Allowance. I provided to the DWP all of the detailed information they requested, in terms of several years bank statements, savings books, etc, which they acknowledged - but then I have heard nothing since. Can anyone please advise whether, if there had been any over payment of benefits, recovery could still be enforced, or would it fall within the statute-barred provisions now that six full years have now elapsed. I have been unable to uncover any chapter and verse on this, and any advice would be appreciated.

[buntymart]

Re: DWP Recovery from Estate - Pension Credit overpayment

Help, just received similar letter relating to my mother's death in June. Is there a 6 year statute-barred provision on pension credit payments as suggested. It is going to be virtually impossible to get back dated bank statements to 2003, and am finding it difficult to get old records. After months of dealing with her affairs, I now seem to be back to square one again!

[Kati]

Re: DWP Recovery from Estate - Pension Credit overpayment

Help, just received similar letter relating to my mother's death in June. Is there a 6 year statute-barred provision on pension credit payments as suggested. It is going to be virtually impossible to get back dated bank statements to 2003, and am finding it difficult to get old records. After months of dealing with her affairs, I now seem to be back to square one again!

I'm not 100% sure, but I believe benefit debt is recallable at any point (it isn't covered by the time limitations that consumer debt has) - if so, the 6yr SB time scale would be of no use to you
However, if this is your deceased mothers 'debt' I'd assume they would have to prove the validity of a claim before being able to collect

[buntymart]

Re: DWP Recovery from Estate - Pension Credit overpayment

Thanks for the reply. However, I note that my mother has a continuing 'Period of Assessment' on her Pension Credit, which meant she didn't have to inform anyone if she took out an equity release on her property. Also, as your living property doesn't get included in any assessments I don't see why releasing some of these funds should impact on your pension credits anyway.