DWP Recovery from Estate - Pension Credit overpayment - Please help!!

[sama90]

Hi,
My grandmother was recieving pension credit however since her passing, DWP believe she shouldnt have been. We have been in contact with DWP to confirm that they have an application and by whom it was signed/completed by/with as she certainly wouldnt have been able to complete this application herself. Whilst at work today, I had a voicemail left for me from DWP advising that they havent got anything on record for her at all; they've gone to their libraries to see if anything is archived and there is nothing. They have since also traced back as far as they could any phone calls regarding applications and have found nothing. They've said that because there is no 'proof' of an application on record, they cannot ask for any repayments to be made. Does anyone know if this is correct by law? I am hoping so because there is no way she would knowingly apply for pension credit!
Also, if this is the case, why are the DWP sending us requests of statements and balances if they cant legaly ask for repayments?
Any insight would be really appreciated!
Many thanks, Sam

[des8]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

I believe the problem for the DWP, if they cannot locate the deceased's claim form, is that they cannot compare the details on that against the information you have provided. If they can't give a full accounting, they cannot claim back.

Having received notification of a deceased's estate they seek financial details to see if there is a discrepancy between the claim details and the actual position. Impossible to do without the original claim form.

Wait for confirmation in writing before distributing the estate!

[sama90]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Hi Des8, thanks for your reply. This has been going on for almost a year and we've sent so many statements regarding bank accounts etc but they are still asking for more, so I just wanted to know where we stood with regards to what the DWP need in order to request a repayment. As they cant prove that any application was ever made, Im hoping that they will just write it off however I am still waiting to hear..

[MIKE770]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Tell them to send letter to Saint David, how frustrating, they cannot produce original paperwork or phone application then they should go forth and come in 5th! to my mind, sorry you are being put to all hassle for bit of toilet paper!! been there myself, but was treated in a better manner once known about a death of young daughter and tax etc.

They are the world pitts! any outstanding estate money they know about?

[sama90]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

They really are! Because we are in this situation where they have said there is absolutely NO proof at all that an application was ever made, they've promised me a manager from the recovery team to call me back to explain to me what the next step could possibly be (because they have only just discovered that there are no records for her whatsoever...!!) they keep on digging for endless info on every detail of every account, which we are providing.

But I'm getting sick of going out of my way proving this when they can't answer my one question..!

In answer to your question, no, there is no estate money that they don't know about.

[sama90]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Unfortunately, despite what I've read here and on other threats, DWP have told me today that they can legally claim a repayment despite not having the original application. We are doing to despute, don't understand how they can if they have no original documentation, just a note on the records that a claim was made in 2006 ( which is what a team leader told me today from her pc)

[des8]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

They can claim, but before paying request a full accounting of the claim.
I
Also you might consider referring them to section 16.41 MISSING CLAIM DETAILS fromTHE OVERPAYMENT RECOVERY GUIDE (ORG)

Missing Claim Details

1. 1. Where only part(s) of the claim(s) detail(s) are available you may have to limit the period of an overpayment. Where all of the claim documents or award details are unobtainable, no further action is possible under SS legislation.
      
      
      
      ?COURT ACTION
      16.55
      1. There is legislation which allows the PR to be taken to the Civil Court to provide details of the estate (Sect 126 of the Admin. Act). The cost of taking enforcement action to force a PR to provide information is costly in terms of resources and time. Such action could result in the information being provided just prior to the case hearing, which could result in legal costs, which may not be recoverable. This course of action should only be considered as a last resort.
         
         
         Dispute by the PR
         
         
         1. 1. It should be noted that the PR and anyone else named in the decision from whom the SofS may seek to recover has the right to dispute the overpayment decision, as if they were the customer. All disputes should be actioned as normal, with the PR acting for the estate (see Section Eleven - Overpayment Decision Disputed).
         
         

[sama90]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Thanks Des8. So if I understand correctly, because there is no record of a claim/award then the DWP have nothing to show regarding making a claim?

[des8]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

That's how I read it!
I'll try and find the relevant SS legislation/regulations over the next few days.
Even if successful it might take a little while as I'm out a lot next week.

[sama90]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Thank you very much for your time Des8

[des8]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Further to my earlier post I haven't been able to locate the Social Security legislation which states they cannot pursue the administrator if they cannot locate the original claim forms.
I assume the original claim forms are required to demonstrate incorrect information had been supplied, and so an overpayment had occurred.

The guide referred to above is their guide, so quoting it at them when you ask for a full accounting of their claim might make them abandon it.

Meanwhile will keep searching, if only for my own satisfaction!

[sama90]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Thanks once again Des. According to the DWP, the only thing they say they have, is a note on their computer saying an application was made in 2005/6 via phone call. Needless to say I still have my doubts about this...

[judgemental24]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

The Social Security (Overpayments and Recovery) Regulations 2013

[Pineto]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Hi , I am in a situation where I lost my mum last Xmas eve. She didn't have any money, but as the last 3/4 years her dementia got worse she didn't spend much - her entire estate is only worth c£29k - this includes a life assurance she had as well. I too have the pension credit guys on may back saying she may owe money and I am liable too, being the Executor of her estate ! They want to know what she had in October 2003 - how can I find this out ??? I can only go by what I think she had. Where do I stand in this ?? have I got a huge repayment looming ?
Any ideas ??

[Amethyst]

Re: DWP Recovery from Estate - Pension Credit overpayment - Please help!!

Are they asking what her assets were in 2003? ( ie whether her claim for pension credits was valid )

You personally are not liable. Her estate may be ( but as executor it falls on you to sort it out)