Overpayment of DLA to deceased Father

[DeathstarDame]

Hi all,

I'm hoping for some advice regarding an overpayment of DLA to my Father. He passed away in November of last year but due to the autopsy etc. we didn't obtain a death certificate until early January.

The DWP were informed of his passing in November but understandably without a death certificate this wasn't confirmed until January. During this time he received just over £1000 DLA overpayment. I contacted the DLA 5 times via phone call to notify them of the overpayment before they gave me details to fax over the death certificate. Since then, despite phone calls, they haven't been back in touch. The last contact I had from them was in March. No confirmation of overpayment or how to pay since.

So, what do I do now? I am certain there is an overpayment and keen to pay it back but the DWP seem uninterested, passing me back and forth between departments and promising phone calls back, all of which has amounted to nothing.

Can I take this further?

To be honest you've had enough to deal with and you have made sufficient attempts to pay them back.

I would leave it sat in an account for 6 months and then if no contact just leave it.

I think you need to write (or email) to them. Phone calls are 'hearsay' and they could deny you ever rang. If you do have further phone calls, note take including date, time and person's name.

You need written evidence of contact to/ from them.

IFancyRichard, I have faxed them over a copy of the death certificate and cover letter along with it giving details of how to contact me etc. I have proof of that fax too. I received a letter from them acknowledging the fax and explaining that the situation was being investigated but nothing more since.

I've kept a record of who I spoke to, the time and the date and what they said.

It's very frustrating as they never approached me, I'm just trying to be an honest person as this money really isn't mine to take. On the other hand I'm fed up of pushing, it's been 8 months since I first contacted them ????

I'm guessing you haven't needed to apply for probate? Solicitor told us after MIL died that, if you haven't done that, then you have no legal responsibility to ensure debts are paid off. You're just trying to help.

We did need probate but had a hell of a job trying to get one of her creditors to confirm what was owed. We were sure she had debt with them but like you we got bounced about to different departments and it took months of phone calls and letters to get it confirmed in writing. In my experience, if someone owes money they're quick to tell you but they don't give a damn about confirming someone owes nothing.

The advice you've been given above about keeping the money aside for a while is what the solicitor told us when we had this problem. I think he said keep it aside for a year. Then, if you've got proof you've contacted them and haven't had a reply, consider it yours.