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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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My Mother died6 months ago and DWP are now saying they overpaid

Customer Question

My Mother died6 months ago and DWP are now saying they overpaid her and are getting info from the bank to grab back the money! Can they do this as Mother at the time had dementia and they did all the assessments.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, they could.
They don't have a claim against you. They do have a claim in principle against her estate. To bring that claim they have to show there was an overpayment rather than that there was any fraud.
There is a case that says that they should not recover if the fault was entirely theirs and there was no way at all the claimant could have known and in addition that the money has been spent. If there are funds in her estate then arguably it has not.
Sorry if that is bad news.
Can I clarify anything for you?