Dunbar - DWP overpayment

[Dunbar]

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 executor if they already have evidence of overpayment.

Is this correct?

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

[des8]

Re: Dunbar - DWP overpayment

Section 126 0f te Social Security Administration Act is quite explicit IMO that PAs are required to supply Sec of State (ie DWP) the info they require:

126.—(1) The personal representatives of a person who was in receipt of [7universalcredit] income support [10, an income-based jobseeker’s allowance] [5, state pensioncredit] [6, an income-related employment and support allowance] or supplementarybenefit at any time before his death shall provide the Secretary of State with suchinformation as he may require relating to the assets and liabilities of that person’sestate.
(2) If the personal representatives fail to supply any information within 28 days ofbeing required to do so under subsection (1) above, then–
(a) the appropriate court may, on the application of the Secretary of State, makean order directing them to supply that information within such time as maybe specified in the order, and
(b) any such order may provide that all costs (or, in Scotland, expenses) of andincidental to the application shall be borne personally by any of the personalrepresentatives

[Dunbar]

Re: Dunbar - DWP overpayment

You have a duty to provide DWP with information if it relates to an overpayment claim.

Thank you for answering my question directly.

Was there an overpayment, ie was it your [unces's] or DWP's fault?

My uncle was in receipt of pension credits for five years. During those five years his savings remained below the £10,000 threshold. When administering his assets after his death I discovered he owned shares with a value over £5000. Of course, I informed the authorities of this capital when applying for probate. This additional capital would have taken him over the threshold making him ineligible for full pension credit. He was indeed overpaid. So, to answer your question directly: it was my uncles fault.

I suspect it was this additional capital that prompted the DWP to get involved.

As for the letter received from the DWP, after the initial pleasantries, it states:

"We need to check the information about the estate with details held at the time the benefit was paid. The law allows us to ask for this information.

Please fill in the form enclosed with this letter and send it back by ******. We also need to know if any assets are not included in the estate because they have gone to a joint holder. If you need more time to reply please let us know,

Please note that this enquiry could lead to a claim against the estate and should be treated as such. Therefore, we strongly advise you not to distribute the estate"

The form that is included asks for the amount of money held in bank accounts, the value of the shareholding and the value of any property.
I imagine the overpayment isn't substantial, but there's not much money left after funeral expenses and admin fees are taken into account. I was hoping to distribute the remaining money to the few surviving family members; I guess the DWP overpayment will scupper that idea.

[Dunbar]

Re: Dunbar - DWP overpayment

Section 126 0f te Social Security Administration Act is quite explicit IMO that PAs are required to supply Sec of State (ie DWP) the info they require:

Thanks Des8, that's all very clear.

I was hoping that their request for more information was just a phishing exercise, without legal backing. Evidently not!

[enaid]

Re: Dunbar - DWP overpayment

Please have a read of this info on Assessed Income Periods if you can find any info about this in your uncles papers etc it may help decide just when the they can claim back any overpayments

[Dunbar]

Re: Dunbar - DWP overpayment

enaid, that's very interesting, I'll get digging.

I must say, this is my first intimate encounter with the benefits system - it's like a bewildering game of snakes and ladders played with real money. If you're of limited means, it's enough to turn your hair gray.