DWP want overpayment from my dead mother

[des8]

Re: DWP want overpayment from my dead mother

Recovery from Estates is a civil process
The legal basis for a Recovery From Estates(RFE) investigation is Section 126 of the Social Security Administration Act 1992, whichrequires the personal representatives to provide such information relating to the assetsand liabilities of the deceased's estate as the Secretary of State may require.
If it is established there has been an overpayment the State (DWP/RFE) are a creditor of the estate and as such are entitled to ask the personal representative for information
"‘The personal representative of a person who was in receipt of Income Support orPension Credit at any time before his death shall provide the Secretary of State withsuch information as he may require relating to the assets and liabilities of that person’sestate to establish the correct benefit entitlement’." SSA 1992 sec
The legal obligations of the Personal Representative are to collect the assets, paythe estate debts and distribute the residue (if any) to beneficiaries in that order. Anexecutor who distributes an estate before paying the debts becomes personally liable fordebts which arise later. The Trustee Act 1925 section 27 provides a safeguard. Theexecutor can place formal advertisements in the London Gazette, the officialgovernment newspaper, and in a newspaper circulating in the locality of the deceased’shome, giving possible creditors notice that claims should be received within a statedtime period of 2 months. Only when that time has expired can the executor thendistribute the estate and dismiss any late claims from creditors.

[Openlaw15]

Re: DWP want overpayment from my dead mother

Recovery from Estates is a civil process
The legal basis for a Recovery From Estates(RFE) investigation is Section 126 of the Social Security Administration Act 1992, whichrequires the personal representatives to provide such information relating to the assetsand liabilities of the deceased's estate as the Secretary of State may require.
If it is established there has been an overpayment the State (DWP/RFE) are a creditor of the estate and as such are entitled to ask the personal representative for information
"‘The personal representative of a person who was in receipt of Income Support orPension Credit at any time before his death shall provide the Secretary of State withsuch information as he may require relating to the assets and liabilities of that person’sestate to establish the correct benefit entitlement’." SSA 1992 sec
The legal obligations of the Personal Representative are to collect the assets, paythe estate debts and distribute the residue (if any) to beneficiaries in that order. Anexecutor who distributes an estate before paying the debts becomes personally liable fordebts which arise later. The Trustee Act 1925 section 27 provides a safeguard. Theexecutor can place formal advertisements in the London Gazette, the officialgovernment newspaper, and in a newspaper circulating in the locality of the deceased’shome, giving possible creditors notice that claims should be received within a statedtime period of 2 months. Only when that time has expired can the executor thendistribute the estate and dismiss any late claims from creditors.

A personal representative would generally not know the law and is not expected to - that is aimed at a legal practitioner, not the average persons who's appointed as PR. My point is unless you tell the OP that the state may only have claim in limited circumstances, that is if one can be made out at a county court, it would stop them worrying unnecessarily.

[mariefab]

Re: DWP want overpayment from my dead mother

Concerning these 2 insurance ploicies....

Were they life insurance policies taken out by your Mum?
If so, did they have your name on them as the beneficiary?

I ask because, if the answers to these questions are Yes, the money from these policies belonged to you. Neither the DWP nor anyone else had/has a claim on the money.

[mariefab]

Re: DWP want overpayment from my dead mother

Oops, that'll teach me to read the thread before I post.
Post #18 should read, 'Wot Debt Camel sed!'

[Nursey nurse]

Re: DWP want overpayment from my dead mother

Thanks everyone for the advice I have sent a letter to DWP explaining that there is no money as the insurance policies were used to pay nursing home fees and funeral . If they still insist I should pay the money they will need to set up a payment plan as Ido not have that amount of money to give them .

[Openlaw15]

Re: DWP want overpayment from my dead mother

Thanks everyone for the advice I have sent a letter to DWP explaining that there is no money as the insurance policies were used to pay nursing home fees and funeral . If they still insist I should pay the money they will need to set up a payment plan as Ido not have that amount of money to give them .

Do not pay them a penny unless they have a county court order from the judge as you're an innocent beneficiary. You have no such obligation under the law to pay them a penny unless they can prove you are liable for your mother's estate.

[Openlaw15]

Re: DWP want overpayment from my dead mother

I have also received the dreaded Recovery From Estates letter from the DWP. The information provided in this thread has been helpful, but for clarity's sake I would be grateful if anyone could confirm the legal standing of the DWP request for financial details of the estate and the duty of the executer in fulfilling the request.

From what I gather so far: the DWP has to have established an overpayment of benefits has been made. They can only ask for further financial information from the executer if they already have evidence of overpayment.

Is this correct?

If so, can the executer ask for the information regarding the alleged over payment held by the DWP and is the executer at liberty to judge whether the alleged overpayment claim is valid? Or, is this outrageously cheeky?

The law is that if there is a claimable overpayment DWP can only take you to a local County Court as though the overpayment were against a debt. However DWP need a court Order to do that. They can ask for information from the personal representative appointed for the estate, ie the executor. Nevertheless, DWP can only pursue the estate and not the beneficiaries if there is an overpayment. So, the burden is on you to prove there was no over payment.

On the facts, there were 2 insurance policies. Was it your decease's mothers fault or DWP's for the alleged overpayment? If it was your mother's fault then DWP can argue the case for overpayment claim. If it was not her fault they cannot claim overpayments. Assuming it was her fault DWP can potentially pursue the insurance policies as these assets are still deemed estate/ property. However, as others have very helpfully said on this thread, if the insurance policies were held 'on trust' it means they're protected from any claims that DWP may have otherwise pursued. Do you have a copy of these insurance documents. Des8 is more of an expert than I am when it comes to insurance matters. My skill-set however includes examining documents looking for key terms as well as general knowledge about trusts' law.

[Dunbar]

Re: DWP want overpayment from my dead mother

Many thanks for the prompt response.

I suspect you've confused my post with one posted by a different poster. My situation is: I'm executor and sole beneficiary of my uncles estate. We did not hold a joint bank account.

I've received the standard initial letter from the DWP to "...check the information of the estate with details held at the time benefit was paid". The letter does not state that an overpayment of benefits has been made.

Am I correct in believing I do not need to supply any information until the overpayment of benefits has first been established?

[Openlaw15]

Re: DWP want overpayment from my dead mother

Many thanks for the prompt response.

I suspect you've confused my post with one posted by a different poster. My situation is: I'm executor and sole beneficiary of my uncles estate. We did not hold a joint bank account.

I've received the standard initial letter from the DWP to "...check the information of the estate with details held at the time benefit was paid". The letter does not state that an overpayment of benefits has been made.

Am I correct in believing I do not need to supply any information until the overpayment of benefits has first been established?

You have a duty to provide DWP with information if it relates to an overpayment claim. Was there an overpayment, ie was it your mother's or DWP's fault? DWP would only issue such a letter if they believed it relates to an overpayment. So they're asking you to do the work for them. They're looking for you to say I have my mother's bank account details; I have my mother's two insurance policies. I would write back to DWP asking them to be specific as those terms are very vague. What does the entire letter state word for word. Please answer my questions too, thank you.

[Openlaw15]

Re: DWP want overpayment from my dead mother

Many thanks for the prompt response.

I suspect you've confused my post with one posted by a different poster. My situation is: I'm executor and sole beneficiary of my uncles estate. We did not hold a joint bank account.

I've received the standard initial letter from the DWP to "...check the information of the estate with details held at the time benefit was paid". The letter does not state that an overpayment of benefits has been made.

Am I correct in believing I do not need to supply any information until the overpayment of benefits has first been established?

It has been 4 months since you last posted and we do deal with lots of similar situations. But yes am helping a different person currently so I did mistake your facts for someone else's.

[Amethyst]

Re: DWP want overpayment from my dead mother

[MENTION=86575]Dunbar[/MENTION] - I'll make you a new thread to save any more confusion xxx

Here -> http://legalbeagles.info/forums/show...WP-overpayment