Outstanding Pension Credit OP at death of claimant

Our client has died with an unrecovered PC overpayment outstanding. He leaves a widow. There is only about £1000 in the estate and this will be swallowed by funeral costs. Will the widow now be liable for repayment of the overpayment because she was his partner for PC purposes?

A quick scan of CPAG’s WBHB (p.1250) says “The DWP or HMRC may try to argue that it can recover the overpayment from you even if you are not the claimant or you were not paid the benefit. However, it is arguable that only a claimant (or an appointee - see below) can fail to disclose”. It then refers you to B v SSWP. So, perhaps, provided your client’s wife was not the claimant, you can argue for it to not be recovered. Is the Pension Service making deductions from her benefit or nothing yet?

Thank you Edmund. They have not approached her yet. Husband only died very recently, but she is worried the debt will be transferred to her.