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Bereavement

Find bereavement help and support from other Mumsnetters. See also your choices after baby loss.

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Original poster

Dad died DWP already asking for money

56 replies

tossedsalad · 15/12/2017 19:25

My Dad died on the 22nd Nov. He was overpaid his pension credit to the sum of £5,000 which they are now trying to recover from my mum who he was seperated from for 16 years. Can they do this? My mum has dementia and is panicking.

OP posts:

reallyanotherone · 15/12/2017 22:46

It's not a lot of money and I'll be damned if those idiots are getting it!

6k not a lot of money?

If you have so much that 6k is a drop in the ocean then you won’t miss it if you give it back.

“Those idiots” are us, the taxpayer. Dwp doesn’t get to keep it for their Christmas bash you know, it goes back into the pot to pay those who genuinely qualify.

I’m sorry for your loss, but is your dad dies 22nd nov you’ve divvied up the money pretty quickly, without much time for creditors to come forward. Was there an executor or lawyer to help you with the process?

Quartz2208 · 15/12/2017 22:48

Yes they can and will reclaim it but it should have come from his estate

notapizzaeater · 15/12/2017 22:52

You needed to pay this before you shared the money out. Have you checked they are right (they aren’t always)

GrooovyLass · 15/12/2017 22:54

Sorry for your loss op.

My mum died in November '09 and her bank account was frozen until probate was granted. Not sure how you can legally have touched money that was in your dad's bank account yet.

This isn't your money and it wasn't your dad's money. It needs to be repaid.

LizB62A · 15/12/2017 23:00

So you'd rather have your poor mum worried about them chasing her for money (that has got nothing to do with her) than pay it back?

If it's "not a lot of money" you shouldn't have any trouble paying it back then - it wasn't yours to take.

LizB62A · 15/12/2017 23:03

My mum died in September and I'm her sole executor. I'm not touching the money until probate is sorted.

The banks have transferred everything that was in her sole name to me, everything that was in joint names with Dad has gone to her.
So I could share the money out now, but I'm not going to as that's just not how it's done. It won't hurt to wait a couple of months and make sure it's all done the right way

MyKingdomForBrie · 15/12/2017 23:06

Sorry OP for your awful loss. The DWP have every right however to reclaim their money. I would be very angry too at their mistake causing stress for your dad but unfortunately that doesn’t change the legality of it. Give it back so your poor mum isn’t scared any more.

Atalune · 15/12/2017 23:07

all debts must be paid from the estate before any money to beneficiaries. Generally after 6?months to allow creditors to come forward.

LovingLola · 15/12/2017 23:09

Did you not inform the bank that your father had died? How did you get the money from his account?

Viviennemary · 15/12/2017 23:11

It's not usual for funds to be released so quickly after a death. I think you should pay the money back as you weren't really entitled to take it if there was debt owing from the estate.

eurochick · 15/12/2017 23:20

I'm sorry for your loss. We just went through similar with my Nan. The executors were told absolutely not to make any distributions until the dwp debt was sorted. I think you will have to repay the money that was distributed if the dwp is correct about the debt.

IAmAShitHotLawyer · 15/12/2017 23:32

How did you take money out of your fathers account?

TotallyConkers · 16/12/2017 07:04

How did you take money out of your fathers account? I also wonder who took it out? You do know that it will be on record if it was emptied after your poor DF died and who received it.

OP as everyone has said it wasn't your fathers money and now it isn't yours and your sisters. You are grieving and angry so are probably not listening but really unless you now want your mother and family to go through months of stress whilst they chase the debt I would pay it back.

gamerchick · 16/12/2017 07:09

So basically you and your siblings have emptied your dads bank account before the bank knew he had died?

You've spent the overpayment and you need to pay it back.

Atalune · 16/12/2017 07:13

What you have done is fraud and criminal and for the sake of your mum you must pay it back.

greendale17 · 16/12/2017 07:15

**So basically you and your siblings have emptied your dads bank account before the bank knew he had died?

You've spent the overpayment and you need to pay it back.**

YABU and you know it. The money wasn’t yours to take. Don’t worry the DWP will come after you and your sister now. Hope you haven’t spent it all

greendale17 · 16/12/2017 07:16

P.S- who’s the idiot now OP? Because it certainly isn’t the DWP

LunasSpectreSpecs · 16/12/2017 07:17

Surely his estate shouldn't have been distributed when you knew there was a debt albeit in dispute!!

Yes, this. All debts are settled and THEN the remaining money is split.

JediStoleMyBike · 16/12/2017 07:21

Sorry for your loss OP. Do right by your mum and pay back the money so she isn't worried by all this anymore.

Stickmangate · 16/12/2017 07:25

To have a £5k pension credit overpayment he has to have been overpaid for some time. You say they were chasing your dad for it. How far with the dispute had/have you got. There are time limits to appeal an overpayment. It sounds like you knew about the debt and cleared your late fathers money out in order to avoid paying it. Sorry if that sounds harsh but like other posters have said you need wait for debtors to come foward first.

MillieMoodle · 16/12/2017 07:27

Some banks will pay out up to 10k without a grant of probate so that might explain why OP has managed to close her dad's bank account.

But no, the money shouldn't have been distributed until all debts are settled. Creditors have a certain period of time to claim debts from the estate and a further period during which they can claim from the beneficiaries. DWP always overpay pension/pension credit (although not usually that much) and it always has to be paid back. From your earlier post saying DWP caused your dad stress, it sounds like the debt was already in dispute before he died? Either way, the debt will have to be paid back.

Has he got a house OP? If so then you will need a grant of probate to sell it.

I'm sorry for your loss.

Idreamofalandrover · 16/12/2017 07:27

6000 is a lot! Imagine if everyone took that much from the tax payers.

They are just being proactive about letting you know asap. Pay it back, it's not yours.

WeAreEternal · 16/12/2017 07:35

DWP will not let this go, they will either get the money from your mum or from you, but they will get the money.

You knew this debt was owed, you obviously knew about the overpayment and that they were chasing it before your dad died, the fact that you think it was their mistake and don’t think it should have to be paid back doesn’t change the fact that it does have to be paid back and they will get their money.

You knew when you took the £6k that five of that was probably the overpayment but you took it anyway, that was wrong.

I’m sorry for your loss but you are not entitled to that money, it belongs to the DWP, pay them back and they will stop trying to get it from your mum.
Continue to ignore it and they will get a judgment against your mum, as she was still married to your dad she will be responsible for the debt.

HotelEuphoria · 16/12/2017 07:36

Sorry about the loss of your DDad.

Unfortunately I agree with all the pps. It wasn't your money to take, irrespective of whose fault the overpayment was and whose responsibility it was to notice it, you can't just take the 6k because it was your dad's wish that he didn't clear his debts and you got the money instead..

It doesn't work that way I am afraid or we would all be maxing out the credit card in our last days.

Snowinhell · 16/12/2017 07:42

Some people are being very harsh here to a bereaved person. They are making accusations of fraud and money grabbing without knowing the facts.

It is perfectly possible that the money was paid into a joint account. In this case the joint holder was entitled to take out the money. If it was a single account with a small amount it is still not theft. On production of a Death Certificate the Bank will release money after getting a Small Estated Indemnity form signed.

Not everyone fully understands Estate Laws. I only hope this thread has not made the Op feel worse than she already does.

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