nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Benefit payments after death of claimant
Sun 20-Jun-04 01:56 PM |
Effective disclosure on behalf of a claimant occurs when disclosure is deliberate (rather than casual), to the relevant office (until Hinchy is decided), the claimant is aware of disclosure and believes that they do not have to take any further action. DWP overpayments would then be official error and not recoverable.
Of course, if the claimant is deceased then as long as deliberate disclosure is made to the relevant office then I cannot see how an overpayment could be recoverable. If the disclosure is verbal then a tribunal would, of course, have to determine on the balance of probabilities whether the appellant was telling the truth, the burden of proof resting with the department.
As to recovery from the estate, see my posting under the heading 'overpayments - recovery from estates' further down this forum.
Regards Paul
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