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UC Benefit Recovery
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1 year 3 months ago #282672 by UC:
UC Benefit Recovery was created by UC:
Good Morning
My Brother in Law passed away suddenly and unexpectedly at home on Friday 14/07/2023.
He was 57 and in receipt of PIP and UC.
I used the ‘Tell us Once Service’ to inform DWP.
I am acting as Administrator as there was no Will and no Probate is required. Nor did my Brother in Law have any Life Insurance.
DWP contacted me by letter to advise that they are obliged to recover what they consider to be an overpayment of UC.
I assumed that UC was paid in arrears, yet DWP are wanting to claim back UC paid from the period 18/06/23 to 17/07/23.
I had assumed that only the three days post my Brother in Law’s passing would qualify for an over payment?
DWP provided a form to complete to reflect the fact that my Brother in Law’s Estate is not sufficient to repay this!
Any advice or guidance would be greatly appreciated!
My Brother in Law passed away suddenly and unexpectedly at home on Friday 14/07/2023.
He was 57 and in receipt of PIP and UC.
I used the ‘Tell us Once Service’ to inform DWP.
I am acting as Administrator as there was no Will and no Probate is required. Nor did my Brother in Law have any Life Insurance.
DWP contacted me by letter to advise that they are obliged to recover what they consider to be an overpayment of UC.
I assumed that UC was paid in arrears, yet DWP are wanting to claim back UC paid from the period 18/06/23 to 17/07/23.
I had assumed that only the three days post my Brother in Law’s passing would qualify for an over payment?
DWP provided a form to complete to reflect the fact that my Brother in Law’s Estate is not sufficient to repay this!
Any advice or guidance would be greatly appreciated!
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1 year 3 months ago #282712 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC Benefit Recovery
U
I can't find an up-to-date reference, there's just too much guidance to go through without a specific reference which I do not have. but I suspect it is still the same.
So the DWP will recover UC from the beginning of the claimant's monthly payment period, not the date of death, so it would appear that the DWP request is a lawful one.
Gordon
I can't find an up-to-date reference, there's just too much guidance to go through without a specific reference which I do not have. but I suspect it is still the same.
So the DWP will recover UC from the beginning of the claimant's monthly payment period, not the date of death, so it would appear that the DWP request is a lawful one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 3 months ago #282735 by UC:
Replied by UC: on topic UC Benefit Recovery
Thanks Gordon.
However, there is not enough money in the Estate, so DWP will not be able to reclaim this over payment.
However, there is not enough money in the Estate, so DWP will not be able to reclaim this over payment.
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1 year 3 months ago #282745 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC Benefit Recovery
UC
Providing you are accounting for all his assets, for example does he own a house, then complete the form that the DWP sent you.
Gordon
Providing you are accounting for all his assets, for example does he own a house, then complete the form that the DWP sent you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 3 months ago #282749 by UC:
Replied by UC: on topic UC Benefit Recovery
Thank you Gordon!
I spoke on the telephone to a very helpful DWP employee.
I was advised how to complete the form, which I have done and returned!
I spoke on the telephone to a very helpful DWP employee.
I was advised how to complete the form, which I have done and returned!
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