If a claimant dies and a relative informs the DWP but they continue to pay benefits into the deceased's bank account, can the recovery of the money be challanged?

Would recovery be under common law from the estate?

Thanks in advance to anyone who posts a reply.

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