DWP overpayment fishing exercise re mother’s estate

[DavidRichmond]

After obtaining probate to deal with my late mother’s estate I was contacted by the DWP in one of their standard fishing exercises re: benefit overpayments. This initial letter included the line “We will let you know whether or not we need to make further enquiries within 20 working days”.
If only.
Despite returning the form the next day I was chased for a response a month later. And 2 days after that they confirmed receipt of my original response! Based on this my expectations of response time from DWP are poor.
That was 2 months ago and I have heard nothing further. I have no desire to wake these sleeping dogs but as executor I would like to finalise and distribute the estate and would like to know if there is any legal limit to how long I can be forced to wait.
I know that a Trustee Act notice in the London Gazette provides a time limit for creditors to come forward but I don’t know if that would apply to DWP, especially in this case where a letter notifying a potential debt was received prior to publication in the Gazette. If this case got lost in the cracks would I be expected to hold the funds permanently in limbo awaiting a response or is there a limit? I haven’t been able to Google an answer so I thought I’d ask the experts!

DR

[iona]

Re: DWP overpayment fishing exercise re mother’s estate

I know just how you feel. My mother and my brother both died within one week of each other and I am facing this situation with both their estates. I can assure you a few months is nothing, my mother and brother died over 10 months ago and I am no nearer to having final calculations from DWP. According to the two solicitors dealing with their estates this could go on for a very long time indeed. So I am sorry to be the bearer of bad news but don't hold your breath waiting for a reply, I was told I may have an answer sometime in 2015. Meanwhile in my experience no funds can be distributed and no property can be transferred until DWP have decided how much they are going to claim was an overpayment.

[enaid]

Re: DWP overpayment fishing exercise re mother’s estate

After obtaining probate to deal with my late mother’s estate I was contacted by the DWP in one of their standard fishing exercises re: benefit overpayments. This initial letter included the line “We will let you know whether or not we need to make further enquiries within 20 working days”.
If only.
Despite returning the form the next day I was chased for a response a month later. And 2 days after that they confirmed receipt of my original response! Based on this my expectations of response time from DWP are poor.
That was 2 months ago and I have heard nothing further. I have no desire to wake these sleeping dogs but as executor I would like to finalise and distribute the estate and would like to know if there is any legal limit to how long I can be forced to wait.
I know that a Trustee Act notice in the London Gazette provides a time limit for creditors to come forward but I don’t know if that would apply to DWP, especially in this case where a letter notifying a potential debt was received prior to publication in the Gazette. If this case got lost in the cracks would I be expected to hold the funds permanently in limbo awaiting a response or is there a limit? I haven’t been able to Google an answer so I thought I’d ask the experts!

DR

Hi,
I know you said you didn't want to 'wake sleeping dogs' but I think this is the only way you can get this sorted. The DWP said within 20 working days which makes it a month. After the mis hap with the first response from you I would reckon they are now well over that time scale. Just give them a call put your mind at rest. I am sure if they were taking this further they would have been in touch for more info from you, bank statements etc.
If they are going to take this further then am sorry they wont rush, but you wont know until you ask.
Enaid x