PC Overpayment

Hi can anyone asist me I have a PC overpayment for non disclousre of Occ Pen, claimant has since passed away.

1. Is OP recoverable from Partner who was not claimant (was on claim). If not is it worth not pursuing appeal as no estate of claimant.
2. Non disclousre given as reason for OP although PC print outs in Case Papers show return of PC2 with details of Occ pen to be received but figures not yet known, a date was set by DWP to chase this and set AIP neither was done and OP results in 5 years.
3. Papers also point to if accepted disclousre was Made then OP should be recoverable because customer did not pursue time and time again that her payments should have altered.

Any thoughts with best way forward or any case law commisioners that will counteract the latter.

Thank you

Gail

No estate at all?  Not even any money in bank accounts?  Any money held in a joint bank account, unless held under a trust, becomes the partner’s on his death.  DWP cannot recover from the partner.  Once effective disclosure is made to the appropriate office in accordance with the instructions as notified to the claimant then there is no continuing duty of disclosure.  In such cases the claimant is under no obligation to realise, check or do anything whatsoever about his ongoing payments.

Thanks Nevip

That is what I was wanting to argue at tribunal, the case papers have quoted if the tribunal accept that she did disclose that it is reasonable to expect her to contact the office again after the initial disclosure did not result in a reduction in benefit nor receive any communication regarding the disclosure. They have quoted R(SB)54/83 continuing obligation to disclose I wondered if any case law or regs counteract this or if it is just them trying it on.

And if the overpayment cannot be recovered from the partner there is no one to recover from anyway so is it worth dropping the appeal althogether as no savings assets etc after death.

One caveat.  The point I made above about effective disclosure only applies to disclosure by the claimant.  Where disclosure has been made by someone other than the claimant then, yes, the DWP are right, it is incumbent upon the claimant to check that the disclosure has been effective.

When a person dies after lodging the appeal then there is no-one left who has the authority to withdraw it or continue it.  The DWP/tribunal should then abate it and the matter will be closed.  This would not, however, preclude recovery from an estate if there was one.  So if it is appropriate to have the appeal continue then the DWP can appoint someone, either on its own initiative or upon request, to carry on with it.