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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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Upon death of my mother D W P claim they have been paying out

Customer Question

Upon death of my mother D W P claim they have been paying out erroneously pension credit and are demanding it back as there were savings in excess of permitted limits. how far can they go back .
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I'm afraid that if this is a DWP overpayment claim then time barring does not apply because this is not a contract or a tort which is covered by the Limitation Act 1980.

In principle, they can go as far back as they choose although, in practice, delay is never helpful to a prosecutor. The greater the delay the higher the chances that evidence is lost or memories are affected.

Obviously though, in this particular case, they can only go back as far as they can prove that your mother had sums that exceeded the limit in question. If they cannot do that then there is no case.

Hope this helps. Please let me know if you need more information.

Jo
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Expert:  Jo C. replied 3 years ago.
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