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DWP Pension Overpayment

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  • DWP Pension Overpayment

    Received the following letter for repayment of a Retirement Pension Contributory overpayment made by the Department for Work and Pensions made after the the recipient had passed away on the21/07/2008 . The DWP were informed of the passing days after the payment must have been made into their bank account. The letter received by DWP was as follows and the bold and capital text is as it appears in the letter.

    Dear x
    About the Retirement Pension:Contributory we paid to the late Mrs xxxxx

    I am sorry to hear that MRS Xhas died, I apologise for having to get in touch with you at this time, but we have to let you knowabout MRS X`s Retirement Pension:Contributory as soon as we can.

    I am writing to you now because we paid Retirement Pension:Contributory of £X between 22/07/2008 and 28/07/2008 after MRS X died.

    Overpayments that arise after death are often caused by the fact that the department may not be aware of a death in time to stop any subsequent payment being issued. Sometimes there is more than one payment. Whilst in these circumstances the department accepts this overpayment may not have been as a result of any individual's fault, it does have a duty to seek a refund from the deceased's estate where appropriate.

    When considering the question of seeking a refund in such cases the Secretary of State has a duty to protect public funds and this involves recovering, wherever possible, amounts paid from the Department to which there was no entitlement.

    If the benefit was paid into a Post Office card account, this may not have been closed yet. To close this account you will need to complete form P6164available from the Post Office.

    If you need further help regarding the closure of a Post Office account, please contact the Post Office on 08457 22 33 44

    Please refund the £X as soon as you can.

    You must send any payments to:
    Department for Work and Pensions
    PO Box 47
    FREEPOST
    Camberley
    GU15 9ZN

    This address is for payments only . Any correspondence should be sent to the address at the top of this letter.
    There is then a few Q&A`s within the letter, relevant ones being
    Q. What do I do if I cannot refund this money?

    A. We do not intend to cause any hardship by asking for this money back. If you cannot affordto refund the money in one go we can arrange for payments to be made in installments.

    Q. What if I don't agree that I should refund this money?
    A. We are allowed to ask for a refund of the money on the basis that you were not entitled to receive it.

    If you feel that in your circumstances we should not ask you for a refund of this money please contact us. For example, if the money was paid into a joint account and you thought you were entitled to it and all of it has now been spent.

    If you think this is relevant in your case then contact us and explain the situation and we will consider whether to continue to seek a refund of the money. Our address and phone number are at the top of this letter.
    So have drafted the following in response any thoughts before I post on Monday......

    Debt Centre Dearne Valley
    Debt Management (DV)
    PO Box 171
    Mitcheldean
    Gloucestershire
    GL17 0XG
    27th September 2008
    Account Name: Mrs X
    Reference Number: xxxxxxxxx

    Dear Sir/Madam

    I write to you in response to your letter dated 11th September 2008 referenced above.

    Whilst I fully understand your obligations to seek recovery of any overpayments made in error by the Department for Work and Pensions, in this instance I do not feel it is appropriate for collections activity to continue.

    The late Mrs X was in receipt of Retirement Pension: Contributory which was paid directly into her Halifax account. Any residues of monies from that account were issued directly by way of a cheque to:

    xxxxxxxx Funeral Directors

    This, along with a death policy, covered only a small part of the funeral expenses, the outstanding amount of approximately £910 being payable by the children of the late Mrs X.

    No Will, estate, funds or other assets were left by the late Mrs X


    I would therefore suggest that any further collection activity of this overpayment be considered inappropriate and may cause further distress and hardship to the next of kin.

    I thank you in advance for your tactful conduct when dealing with this matter and respectfully request collection ceases for this overpayment.

    Yours faithfully
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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  • #2
    Re: DWP Pension Overpayment

    A great letter imo Tools, it is sad that these things keep popping up when someone close has passed away. They are entitled to ask for it back and I suppose there is no other way of doing it that the way they have done.
    Good luck with it Enaid x

    Comment


    • #3
      Re: DWP Pension Overpayment

      Bert (Tools) hun, it seems that you and I a running our lives along the same line in a way hun, as you know my mum passed to on the 21 July and although so far I havn't had a 'demand' for overpayment of Retirement Pension, I've actually had a letter asking me about the estate and what it was worth etc
      Saffy's Mum's Estate and the DWP - Legal Beagles

      I dunno about you hun but I am getting properly pee'd off with all of it.

      (((((((((((((((((((Hugs))))))))))))))))))))

      I'll be following this thread and supporting you along the way

      Luv's Ya

      xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

      Comment


      • #4
        Re: DWP Pension Overpayment

        Thanks Nelly & Sapph, printing tonight, posting tomorrow as is will post up any reply.
        Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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        Comment


        • #5
          Re: DWP Pension Overpayment

          Just to update.............................nothing as yet.

          Had an identical letter from them a couple days after I replied to them so just ignored it as my reply addressed any queries they had.
          Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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          Comment


          • #6
            Re: DWP Pension Overpayment

            Have been nudged on this one as I never updated it.

            I think a letter did come back from the DWP to the effect that the overpayment will not be sought to be refunded. I will have a look when I get the chance and post up the reply.
            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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            Comment


            • #7
              Re: DWP Pension Overpayment

              I have had exactly the same letter from DWP after my father passed away - I am sending them a letter to explain my family's inability to refund the money. I will let you know what response i get..

              Comment


              • #8
                Re: DWP Pension Overpayment

                Originally posted by Tools View Post
                Have been nudged on this one as I never updated it.

                I think a letter did come back from the DWP to the effect that the overpayment will not be sought to be refunded. I will have a look when I get the chance and post up the reply.
                It was you that nudged me Andrew
                Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                • #9
                  Re: DWP Pension Overpayment

                  I ignored them have been waiting for replies, they can get on the end of the list.

                  Comment


                  • #10
                    Re: DWP Pension Overpayment

                    My wife has had an identical letter re her dead mother. She has told the DWP that mother's estate and not my wife is liable, that the estate is currently frozen and that the letter will be forwarded and one day if there is any money after funeral costs they will get it

                    Comment


                    • #11
                      Re: DWP Pension Overpayment

                      Good for her, let them wait.

                      Comment


                      • #12
                        Re: DWP Pension Overpayment

                        Hi there all, I am going through the same thing and I am so frustrated and annoyed with it all. It is my grandmas estate that she left me and my brother. I keep getting these bloody letters from debt recovery asking for the value, which I reluctantly have given them. Then I have just got another one saying she may have been overpaid on income benefit!!!! Surely this is not my grandmas or our problem??? They try and get anything they can!

                        Comment


                        • #13
                          Re: DWP Pension Overpayment

                          Hiya and believe me I understand your frustration, unfortunately there's nothing you can do about it.
                          Stupid question but how long was is between the time of her passing away till they were informed ? I told them the day after my mum went and they still overpaid and have asked for the return of the money, as far as I'm concerned I told them as quickly as possible and if they carried on paying then its their look out and can flaming wait.

                          Comment

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