PCGC overpayment from deceased claimant

Hi,

The Pension Service are currently calculating an overpayment of PCGC due to alleged undeclared capital.  However, my client passed away March 2013 and the solicitor has been instructed to withold 4k from the estate until a decision is made.

I’m wondering, should the overpayment be made unrecoverable as the decision will be made after the date of death and the claimant can’t be formally notified?  Or, can the executor be held liable for any overpayment?

We will have full right of appeal but just wondered what the usual protocol is in a situation like this.

On an unrelated note, this customer was ‘within a small window of customers who were allowed to defer their state pensions whilst claiming PCGC in error’.  I couldn’t believe such an error was possible! The customer received PCGC for many years then received his lump sum shortly before he passed away (I’ve confirmed with the Pension Service this has nothing to do with the overpayment).

Thanks

Allan

And watch out for any undeclared capital that only accrued after an assessed income period had started.  Such capital would not have affected entitlement to PC.  As Tony says executors wouldn’t necessarily realise and just pay up.

Thanks for the responses.

I will definately keep an eye out for the assessed income period (good shout).

I’m glad I’m not the only one who feels the PS ‘chance it’ sometimes.

Thanks

Allan

Many years ago I spoke to a DWP officer in Leeds who told me that they have a team who regularly search the probate register.