Claim Statute Barred?

[Geoff29]

I am administering my late Father's estate, I had lost contact with him for many years, recently I have received an account from his local authority claiming overpaid housing benefit for the year 2010. I would be grateful if a Legal Beagles member could please let me know whether this claim statute barred, I have written to the authority requesting further details of their claim but they have not replied.

[echat11]

The following information might help - https://nationaldebtline.org/fact-sh...years%3B%20and

[PallasAthena]

You might find the National Debtline fact sheet on this helpful: https://nationaldebtline.org/fact-sh...verpayments-ew

Recovery can be statute barred but the issue for you will be when the 6 years starts running. According to the fact sheet "time starts to run from the date a final decision was made to recover the debt." That may be something you need to do more research on in your father's papers or seek evidence from the council.

EDIT Snap! Echat11 and I posted the same link at the same time...

[echat11]

Sorry for your loss.

Send them a Subject Access Request, you might have to jump through hoops 'if you haven't got a letter of administration' do get the information, but it might be worth it, they have 30 days to provide the data. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[Geoff29]

Thanks everyone for your replies, I have written to the council requesting Subject Access as suggested by ECHAT11. I am not sure whether the council can chase an executor for a debt from the estate, but I do see that authorities do have more rights than individuals.

[PallasAthena]

Let us know what happens.

To answer your question, if your late father did owe this money at the date of his death the debt is then owed by his Estate. It is the legal duty of the Executor to pay the debt out of the Estate, so yes the council is entitled to chase you, in your capacity as Executor, for payment of the alleged debt. It's a debt of the Estate, not the Executor personally.