Dwp overpayment of pc advice needed

[Hmg897]

HI all I'm new sorry if I'm asking advice they may already been given.

My mum passed away in feb this year age 62 the estate was all finalised in October by the solicitor no will was in place. I have now received a letter via the solicitor from work and pensions that says details don't match which means that too much pc was paid they need info to work out any overpayment.
They want from 2012 to when my mum passed away. Four days after my mum passed away I rang DWP and notified them of my mums death so they could stop any benefits that may be valid. They said that's fine and that they owed the estate some money which they paid. I then asked them if there would be any monies owing they said no.
I appriciate that if there is money owed then fine I will pay it. I was unaware of my mums financial situation till she passed away , don't think she was quite a ware of her financial situation too as her cancer spead to her brain.
It is best for me to contact DWP ask them what they would like me to do next .

Any advice is much appriciate .

[des8]

Re: Dwp overpayment of pc advice needed

Hi and welcome
I would write to them advising that as they had originally said there was no money owing, but on the contrary there had been an underpayment, the assets from the estate have already been distributed.
However in a spirit of cooperation perhaps they could give you more details of their concerns, and advise how you can assist them.

Overpaid benefits can be clawed back, but if you explain the situation, especially regarding your mothers health problems, they MAY waive any repayment that may be due.

[Hmg897]

Re: Dwp overpayment of pc advice needed

Hi and welcome
I would write to them advising that as they had originally said there was no money owing, but on the contrary there had been an underpayment, the assets from the estate have already been distributed.
However in a spirit of cooperation perhaps they could give you more details of their concerns, and advise how you can assist them.

Overpaid benefits can be clawed back, but if you explain the situation, especially regarding your mothers health problems, they MAY waive any repayment that may be due.

thank you for responding must appreciated .

[Hmg897]

Re: Dwp overpayment of pc advice needed

Hello,
I am back again after writing to them an explaining the situation. I didn't hear anything thinking no news is good news. Today they have written back, they need to establish the true value of the estate for a period of 2 years from the bank accounts to confirm these.
Does this mean I need to contact each bank for a statements then send them on . Would it be rude of me to write and say as you require this info please feel free to gather the info.

[des8]

Re: Dwp overpayment of pc advice needed

The Banks won't release details to a third party without authority from the account holder (or their personal representative)
IMO it would be better for you to obtain the info and pass it onto DWP. That way you know it has been sent.

Just to let you know sometimes DWP take simply ages to sort out overpayment details.

[Hmg897]

Re: Dwp overpayment of pc advice needed

Hi,
thank you for getting back to me. Right okay best for me too then see what happens.
Is it best to ask them, for a breakdown of overpayment if any so I can see what's happened.

[des8]

Re: Dwp overpayment of pc advice needed

Yes.. It's always wise to check their calculations in event of overpayment,
Although they won't admit it, they are not above getting it wrong!

[Hmg897]

Re: Dwp overpayment of pc advice needed

Hi All
After a long wait from DWP I received a letter stating the estate owes them £3810.28. My mum received pension credits which was made up of two parts, guaranteed credits and savings credits . Does anyone know what the savings credit were for ? did it mean you could have savings and how much ?. Would your pension credits been effect if you have investments and ISA also, if there's a upper capital limit for pension credits ?.
There is a house included in the estate can DWP ask for this to be sold so they can recover the "debt" .

Many Thanks in advance .

[anmarj]

Re: Dwp overpayment of pc advice needed

Savings credit is a reward for saving for retirement, it uses income, and any savings/investments. Any savings/investments below £6000 before 2 November 2009, £10,000 after this date is disregarded, above that it is £1 for every part of £500 above that. So for example £12,250 will attract tariff income of £5 per week at current rules. Savings are any capital in current accounts, savings accounts, Isa's, bonds, shares, premium bonds etc. There is no upper limit. As your mum was under 65, then she would not of got savings credit (assuming it was a single claim) as this only kicks in at 65, and she would not of had an Assesed income period review date as again she was under 65, so therefore, any increase in capital are a reportable change.

[des8]

Re: Dwp overpayment of pc advice needed

Is there some reason for not wanting to sell the house?
DWP aren't going to worry how the overpayment is refunded.
If the estate does not have sufficient liquidity. there is no reason why the beneficiary(ies) should not raise the money by other means (bank loan?)
You will not necessarily have to sell the house.