DWP and repayment claim

[Ladidi]

Hi everyone,

I was wondering if anyone can offer me any advice. My grandmother passed away last year and everything was dealt with by solicitors on behalf of my uncle. The DWP made a payment to them on behalf of my grand mother to tune of a few thousand pounds after her death. The details of this payment was checked by uncle and the solicitor to make the payment was what was due in event of her death.
The DWP confirmed the payment was due to her estate and that they had closed her files. This was then passed onto my uncle from the solicitor who then waited for payment to clear and then shared it between himself my aunty and my dad.

Nearly a year later, they have written and said we are sorry but payment made was incorrect and that they have gone back to 1999 and said my grandmother received too much of whatever they were paying and have asked for it all back from that date from uncle, who btw does not have any money and lives on state pension as does my dad, my aunty is the only who is still employment.

Anyway, I beleieve they cannot ask for what was down to their error and secondly anything more than 6 years ago is statute barred. Am I right????

I have no idea what this payment is for that was received or what my grand mother received when she was alive all I know is the DWP is now chasing my uncle for something that he had no control over and was not hiserror. Can anyone advise me please?

Thanks

Ladidi

[natweststaffmember]

Re: DWP and repayment claim

Did they send something in writing with regards to the original payment?

[Ladidi]

Re: DWP and repayment claim

They may have done natty...to be honest I was not privvy to details..all i know is the DWP made a payment on behalf of my grand mother to her estate and this was queried when the payment arrived by my uncle and the solicitor acting for her estate and they was told the payment was correct and due. So the payment was released to my uncle who then shared it.. A year later they state we have re checked records and made an error and too much was paid either in that payment made or to my late grand mother and they have found the overpayment going back to 1999. I believe as this was their error and it was checked at the time then no claim can be made secondly they cannot claim for more than 6 yrs ago as it is statute barred..

[natweststaffmember]

Re: DWP and repayment claim

I don't think DWP payments are statute barred as far as I am aware.
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National Debtline England Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

[Ladidi]

Re: DWP and repayment claim

Thanks Natty,

I found this bit of info on the site you led me to..

BENEFIT OVERPAYMENTS & SOCIAL FUND LOANS
The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this. This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.


If I am reading that correctly, then what they are saying is that from the time find out or realise there is monies over paid or due they have 6 yrs in which to take legal action on it and this date begins on the first date they have found the monies became due. Also if you are receipt of income from the DWP such pension credit or state pension they can make direct deductions from your benefit to recover this and they dont need to go to court to recover the amount due.

[Sapphire]

Re: DWP and repayment claim

Ladidi I think the best course of action would be to refer this to the solicitor who dealt with it originally. I know it may cost a bit but it could be worth it in the end.

[Ladidi]

Re: DWP and repayment claim

Ladidi I think the best course of action would be to refer this to the solicitor who dealt with it originally. I know it may cost a bit but it could be worth it in the end.

Thanks Sapphire honey, I have spoken to my dad and explained everything to him and told him to advise my uncle to go back to solicitor who originally dealt with this and also to see is he may get legal aid to argue the toss so tp speak.

I advised as per the information natty sent me to and explained what it said on the leaflet.

My dad is going to call my uncle tomorrow and advise him and also tell him if they do decide to take money off his pension for the money owed and it is too much he can argue that they need to take the money at a more afforable amount.

Thanks Guys and Gals

[shas]

Re: DWP and repayment claim

Hi, Im not sure if this is relevant but the dwp were trying to get money back from a friend of mine..that they paid to her mother just after she died...
My friend has told them that any excess that was left in the estate was put towards the funeral costs. She has photocopied the funeral receipts, sent them in & they have closed the case....

[Sapphire]

Re: DWP and repayment claim

I've had a similar situation, if you fancy a read here's a link Saffy's Mum's Estate and the DWP - Legal Beagles

[W Brown]

Re: DWP and repayment claim

Take a look at this, sickening or what?


http://bbc.co.uk/blogs/watchdog/2008..._to_pay_f.html


So much for being a caring society eh!

[Caspar]

Re: DWP and repayment claim

Ladidi, I honestly doubt they can do anything now the estate has been distributed after the solicitor confirmed with them all was well.

I've not long ago won an 8 year long battle with them for my wife from whom they were trying to reclaim an alleged overpayment for a fraud she did not commit. One of our most effective weapons was our MP who was nothing short of superb. It may well be worth contacting them.

I remember well quoting that exact bit at them, along with a whole load of other stuff I'd looked up and made notes of. If you hit problems, feel free to ask for the references and I'll dig them out.

They really are crassly insensitive and I feel sorry for you that they are putting you through this.