I wonder if anyone has managed to discover the DWP’s settled position on this at present - I’d appreciate your thoughts and the below fact pattern:
D passed in July 2019, and we were instructed by her sole executor and son (who is also the majority residuary beneficiary) to deal with the administration of her Estate that same month. We notified DWP of D’s passing promptly upon receipt of the death certificate in September 2019 and placed S27 Trustee Act notices which expired in mid January 2020.
We chased responses from DWP to our notifications in October 2019 (in writing), December 2019 (by telephone), January 2020 (by email), and February 2020 (by telephone). I then chased again by telephone this month and was directed to read the below (and quite opaque) press release:
This states that legacy overpayments are temporarily suspended for three months, it appears from the date of the press release being 3 April 2020.
I was advised in February that there were post death overpayments of £573.40 on DLA65+ and £447.04 on SRP. These “were to be referred to Debt Management / Recovery From Estates”.
Am I justified in now writing to DWP to state that, as the Estate has been fully administered excepting these elements, that we intend to fully distribute the Estate at this stage and consider that they should write any debts off as a gesture of goodwill, or should I distribute subject to a retention of £1,020.44 being to sum of the advised but as yet un-demanded liabilities to DWP?
Obviously subject to PR’s instruction, but I would like to advise appropriately.
Thanks in advance all!