Pension Credit overpayment

[Reddizat24]

Hi everyone
This is my first time on here so please accept my apologies if i get anything wrong or don't explain my predicament clearly.

I am currently representing my late mother who passed away last November in a dispute with the DWP over an alleged overpayment of Pension Credit. The story goes back nearly 12 months and it's not something thats not really relevant to my query but I will gladly supply information if someone feels it's necessary for them to answer my question.

The dispute is now at the Appeal stage and in the hands of The Courts and Tribunal Service whom i have advised i am not an Appointee or held Power of Attorney for my late mother. Today, the Appeals section of the DWP have contacted me by phone saying that they have received an email from the Courts and Tribunal Service saying that in order for the Appeal to go ahead, by law they need me to be made an Appointee. The DWP woman went onto say that she can make me an Appointee over the phone on behalf of the Secretary of State for Works and Pensions and then began to go in to pre scripted speech. I stopped her almost immediately and said that i would have to take advice before i agree to anything . She replied that it didn't mean i was liable for anything and it was just something that was necessary for the appeal to go through.

It all sounded a little rushed and made me very suspicious so i flatly refused and said i would contact her again once i had sought advice. So my questions are :- 1, If i choose not to become an Appointee, and clearly the Courts and Tribunal Service need me to be for the appeal to be heard, can the DWP still chase me for my late mothers alleged Pension Credit overpayment?

2, Can the DWP force me to be an Appointee even against my wishes, in relation to recovering the alleged overpayment?

[nemesis45]

Re: Pension Credit overpayment

Hi Welcome,

This is normal and proper process, nothing to be suspicious about.

nem

[stevemLS]

Re: Pension Credit overpayment

Agree with Nem - to be heard by the Tribunal, you need to have the necessary "standing" which at present you won't - an Appointee is merely someone appointed to manage someones dealings with the DWP

[Reddizat24]

Re: Pension Credit overpayment

Hi Welcome,

This is normal and proper process, nothing to be suspicious about.

nem

Hi Nem and thanks for your quick response.
The reason i ask these questions is that on the Government website regarding becoming an Appointee, it clearly states that if benefit is overpaid, then in some circumstances the Appointee could be held responsible. As i mentioned in my earlier message, can the DWP still chase me for the alleged overpayment if i choose not to be an Appointee and can the DWP force me to become an Appointee, even against my wishes ?

[stevemLS]

Re: Pension Credit overpayment

The DWP cannot force you to become Appointee, but if you don't you can't pursue the appeal.

In "some circumstances" can't possibly include cases where you were appointed in these circumstances.

Where an Appointee had knowingly made false statements, or indeed failed to notify that which should be notified, during the currency of payment, perhaps, but not here.

[Reddizat24]

Re: Pension Credit overpayment

The DWP cannot force you to become Appointee, but if you don't you can't pursue the appeal.

In "some circumstances" can't possibly include cases where you were appointed in these circumstances.

Where an Appointee had knowingly made false statements, or indeed failed to notify that which should be notified, during the currency of payment, perhaps, but not here.

Thanks for your reply and answering my second question but what about the first question ? What will the DWP's position be if I refuse ?

[wales01man]

Re: Pension Credit overpayment

Who was executor of the Estate and is there any money assets to repay if this debt is correct?

[stevemLS]

Re: Pension Credit overpayment

Wales correctly says Executor may have necessary standing.

I did answer the first question in that if you refuse to be Appointee, and cannot prove you are the Personal Representative, you have no standing to pursue the appeal.

[Reddizat24]

Re: Pension Credit overpayment

There was no official executor as my mother passed away without leaving a will and just enough money to cover her funeral expenses. I have 3 other siblings and we all collectively dealt with my mothers affairs after her death.

[Reddizat24]

Re: Pension Credit overpayment

Thanks for your replies and I'm sorry if I appear to be repeating myself. This has been one big pain in the a**e if I'm honest

[wales01man]

Re: Pension Credit overpayment

No probate or letters of administration? If the estate was small and after the funeral costs there is little or nothing left the DWP or any creditor gets nothing the sons daughters or relatives are not liable.

[stevemLS]

Re: Pension Credit overpayment

If no estate then nothing worth getting Grant of Representation for, fine, you need status as Appointee - you have no other avenue to pursue.

Wales, as I understand it, DWP are not pursuing a debt, OP wants money from them insofar as it relates to an alleged overpayment.

A "small" estate is £5k, so they may well be after dribs and drabs.

[Reddizat24]

Re: Pension Credit overpayment

Thanks Wales. There was no probate or letters of administration as the estate was too small. I'm just unsure which way to go now after the telephone call at teatime

[stevemLS]

Re: Pension Credit overpayment

Hopefully red my subsequent answer dealt with that, if no formal Grant then you have no standing.

[Reddizat24]

Re: Pension Credit overpayment

As I mentioned earlier, it's a really long story but the upshot of it is that DWP were chasing my mother for an alleged overpayment of Pension Credit of approx £2500 dating back 3 years. I tried to act on behalf of my mother last year when she was in hospital but initially the DWP wouldn't reply to my letters ,even when she gave them permission, but eventually they did. As mentioned earlier, my mother passed away in November and in December i received a Mandatory Reconsideration Notice with regard to the alleged overpayment. I had the option to appeal the overpayment which I duly did and it's now at the stage where i am waiting for the tribunal to hear my case. However, as mentioned earlier, I've received this call at teatime from the DWP claiming that unless I become an Appointee the appeal will not go through as the tribunal require me to be an Appointee. Myself, my siblings and my late mother have always denied any wrong doing and truly believe that extremely poor administration by the DWP led to the overpayment.