Pension credit recovery from estate - 6 month creditors claim???

[sclegg]

My mother passed on 11th February 2015, the DWP letter for Recovery From Estate Pension Credit arrived in September, dated 30th August 2015, this is over 6 months from when Mum passed by 19 days! Does this mean that their Creditors Claim is invalid?
I have refused to supply bank statements etc as I was also dealing with a terminally ill partner who died in June 2016 and have been in overwhelm, close to breakdown and have now received a bill for £20,286.44 and have a limited period of time to contest this decision.
Can anyone help please or offer advice. I really do not want to have to root through my dead mothers accounts or request bank statements and make this drag on any further.
Any advice would be appreciated.
Thank you kindly

[enaid]

Re: Pension credit recovery from estate - 6 month creditors claim???

Hi, Am sorry for your loss and this awful situation.
The DWP will no doubt have gotten information from Probate office.
Even though going through an awful situation, your refusal to supply them with information they have requested would not have helped the situation. There is also no time limit on claims for over payments.
That is a massive over payment if it is correct, have you any idea how long your mum was claiming and exactly what she was claiming. With Pension Credit other benefits kick in such as housing and Council tax. DWP may have contacted the local council to see if this is the case and for how much.

Please also have a read of this about Assessment Periods if that applied to your mum than there may be no over payment as changes do not have to be notified.

[sclegg]

Re: Pension credit recovery from estate - 6 month creditors claim???

Thank you kindly Einaid.
Yes Mum was on an A.I.P. since 2012 and was aged 80yrs when she passed in February 2015.
The money accrued in her 2 current accounts as she was to severely ill to spend it.
Her House is only valued at £45,000 due to subsidence but they are obviously interested in £40,000 that accrued in her accounts over the last few years.
I have perused the site for a draft letter to send to them to contest this huge amount, but I will not be forced into providing them tons of statements going back to 2003.
Thank you kindly for your help, I thought that all Creditors had only a 6 month period to make a claim, including any overpayments from DWP as potential Creditors.

[des8]

Re: Pension credit recovery from estate - 6 month creditors claim???

My condolences regarding your losses

Firstly request a detailed explanation and breakdown of the DWP calculations?
They need to prove the overpayment.

Was the request addressed to you personally, or to the administrator of your mother's estate?
Who was the administrator? Did yoy do it yourself, or use the services of a solicitor or bank?
Was a section 27 notice placed in The Gazette?

Presumably your mothers estate has been distributed to the beneficiaries by now, so it is possible the DWP will pursue them for the overpayment, (if the administrator is not liable)
if the beneficiaries' positions have changed (ie the proceeds have been disposed of on eg a holiday) DWP will be unsuccessful.

[enaid]

Re: Pension credit recovery from estate - 6 month creditors claim???

If your mums claim was ok initially then no changes would have to be notified to the DWP. So any money accrued in the assessment period would not count.