Pension Credit overpayment

[nemesis45]

Re: Pension Credit overpayment

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 ?

I think it depends if the appointee is benefitting from the over payment e.g. via a bequest in a will.

nem

[des8]

Re: Pension Credit overpayment

In an earlier post you stated the estate was very small and hardly covered the cost of your mother's funeral.
From any balance you pay first priority debts ie secured debts, funeral expenses and costs of administering the estate.

If the estate was as small as you claim, it is possible that there is no cash left to repay any over paid benefits. Any residue has to go to pay any other creditors in proportion to the debt. The DWP are in this group,

Have you told the DWP of the situation?

As you/your mother started the appeal, only you can withdraw it.
If there is absolutely no money left why not withdraw the appeal.
If there is no money left the DWP can't do anything

On the other and perhaps I misunderstand the situation

[wales01man]

Re: Pension Credit overpayment

Des im not understanding the situation if there is no money why are the DWP trying to get some?

[nemesis45]

Re: Pension Credit overpayment

Hi Wales,
All down to the Welfare Reform Act I suspect the DWP was instructed to collect delinquent social fund loans, and overpayments how ever old and under any circumstances using DCA's/ deductions from current and future benefits/ AOE without going to court.
nem

[wales01man]

Re: Pension Credit overpayment

If there is no money from the deceaseds estate who do they think will pay?

[des8]

Re: Pension Credit overpayment

Hi Nem,
How do they propose collecting from the deceased, who passed on leaving virtually no assets?
Talk about numpties!


Snap Wales!

[Reddizat24]

Re: Pension Credit overpayment

Hi Nem,
How do they propose collecting from the deceased, who passed on leaving virtually no assets?
Talk about numpties!


Snap Wales!

Thanks for all your replies everyone. When my mother passed away she had savings of approx £6000 of which £4500 went on funeral expenses and £950 on the burial of her remains and the change to the existing headstone. This leaves approx £550 in her account but she had no creditors to pay or any existing debt anywhere. I've explained this to the woman at the appeals dept of the DWP who simply replied that once the wheels of the investigation are in motion there's no stopping them even if theirs nothing left to collect at the end of the appeal.
I've had a big file come in the post this morning from the DWP and it's the response to my appeal for the tribunal and apparently another copy has been sent to the tribunal. It's very long and comprehensive and seems to support every point it makes with reference to an already existing case or ruling.
The whole case seems to hinge on an alleged M6700 letter being sent to my mother in December 2011 but the DWP cannot provide a copy of this letter because it was a computer generated letter and they do not have the facility to get a copy. The letter allegedly claims my mother was not in receipt of a private widows pension when we claim we had informed them on an earlier PC2 form. The DWP claim that when the M6700 letter arrived at my mothers, then that was her opportunity to inform them of any changes in circumstances. We claim we had already informed them so there was no change in circumstances as far as we were concerned. I asked the woman at the appeals dept at the DWP how did she know what was on the M6700 letter if they had no copy of it and she replied that 'with all things being equal, it's unlikely to have included the widows pension as this is the point in question now'

[des8]

Re: Pension Credit overpayment

So the DWP are chasing an overpayment and all they can collect is £550 (less your costs in dealing with the estate... Now is the time to claim the cost of certificates, postage,phone calls, travel expenses etc incurred)
Sorry to be mercenary about this, but split between the four of you it works out at just over £100 each.
Now if you want to continue the appeal you will have to do a fair amount of work and attend the tribunal.
Is it worth it for the possibility of retaining £100?
This is something only you can decide.

[Reddizat24]

Re: Pension Credit overpayment

So the DWP are chasing an overpayment and all they can collect is £550 (less your costs in dealing with the estate... Now is the time to claim the cost of certificates, postage,phone calls, travel expenses etc incurred)
Sorry to be mercenary about this, but split between the four of you it works out at just over £100 each.
Now if you want to continue the appeal you will have to do a fair amount of work and attend the tribunal.
Is it worth it for the possibility of retaining £100?
This is something only you can decide.

Thanks Des8 for your reply. I take on board your comments but its a matter of principle now !!!

[nemesis45]

Re: Pension Credit overpayment

Tis written in stone Des, thou shalt not take it with you nor shall your decendants profit from a Government Cock Up!!

[Reddizat24]

Re: Pension Credit overpayment

Tis written in stone Des, thou shalt not take it with you nor shall your decendants profit from a Government Cock Up!!

Too true Nem, too true !!

[Reddizat24]

Re: Pension Credit overpayment

Following on from the previous threads,i've got 2 questions. Firstly, the DWP have contacted me to tell me that if the appeal is to carry on to court then i need to become an Appointee. Is that true ? Secondly, if i choose not to become an Appointee and so therefore the appeal stops, can the DWP still chase me for the alleged overpayment of Pension Credit. I've not been an Executor or held Power of Attorney. Neither have i distributed to my siblings any of the remaining money thats left out of my late mother's estate which, by the way, isn't enough to pay the alleged Pension Credit overpayment.

[stevemLS]

Re: Pension Credit overpayment

Sorry but your first question has been answered several times, in order to appear in any court/tribunal you MUST have the necessary "locus standi" meaning the matter must concern you or you must have sufficient interest in it to be entertained by the court - in this case, you have no legal authority to act for your mother's estate as no Grant of Representation was obtained. The DWP are saying that if you are Appointee that will give you the necessary standing - Appointeeship is an administrative matter where someone is not able to deal with their own benefit matters.

And yes, if the Appeal is withdrawn, the DWP can and probably will continue to chase the Estate for the overpayment.

[des8]

Re: Pension Credit overpayment

As has been repeated by Steve you have no standing to appear in court or tribunal.
You need to become an appointee if you wish to contest this matter.
If you don't continue with the appeal the probability is that DWP will eventually obtain a court order requiring the estate to repay the overpaid benefit.
This will be limited to the balance of the estate after it has paid priority debts eg funeral expenses, cost of administering the estate etc.
You said earlier this was a matter of principle, but if you do continue the fight do keep an accurate verifiable account of your costs as they can be deducted from the estate before handing over the balance to DWP if they win.

[Reddizat24]

Re: Pension Credit overpayment

Thank you for your response guys. It appears odd that in the Mandatory Reconsideration letter which advised me that I could appeal, it makes no mention of the point that I need to be an Appointee, have Power of Attorney or Grant if Representation in order to go to an appeal tribunal.