Pension payback?

[Im a BusyBee]

Sorry im really not sure where i should post this but.....some of you may know my mother in law passed away on Christmas Day, my sister in law collected her pension on Christmas Eve, this is usually paid out on thurdsdays but paid a day early due to bank holiday, can someone confirm whether or not this money will have to be paid back? Im personally not bothered either way but some members of the family would like to know for sure. I thought of phoning to find out but i know its very difficult to speak to right person and to get someone on the end of line that can actually tell me what i need to know! thanks to anyone that can help me.

[carmalee]

phone the pensions office and speak to a supervisor than get the ruling sent to you in writing. You may be entitled to keep it and it will form part of her estate or you may not -better to know though. Also better for you to approach them rather than just keep quiet. Suspect you may well be able to keep it but it's a bit of a close call. Good luck

[madmaggot]

You must notify them of the date that your MIL passed away and they will let you know of any amount owing either way.
Are you the executor? This is something that the executor would normally do.

[Im a BusyBee]

there are no executors as such and no will (not that there is anything to leave) but a large family who are not helping matters by bickering about each other behind their backs, no one seems to be pulling together but each wants to out do the others . My husband and i try to keep out of all that goes on but feel that, given the situation, we should be involved - if only to input facts where necessary. Which is why i wanted to find out whether or not this money has to go back. I honestly think certain members of the family would tell us all it went back when actually it doesnt.

[Im a BusyBee]

meant to also say i have been an executor before with a very complex situation and also when my father in law died i sorted everything out (to mother in laws wishes) and have been involved after another death where no will was made and had to get probate etc. so im familiar with the formalities - just dont know about the paying back or not of this pension.

[Yorky Lass]

When you register the death you will be issued with a BD8 form. Complete this and send to The Pension Service when you notify them of her death.They will then contact you as to whether an overpayment has been made. I don't think one has.

[Im a BusyBee]

thanks so much for that yorky. I have just searched The Pension Service, read about when someone dies and also rung the helpline and had what you stated confirmed - also it can all be done over the phone now a days with no need to send BD8 in by post. That was very helpful of you and they were also very helpful. Thanks once again.

[factor-fiction]

Sorry to hear of your loss and problems at this difficult time.
Was the pension collected as cash? If so, it belongs to the estate, so your sister in law shouldn't do anything with the money other than store it until the estate is being sorted out.

Is this a problem you need to be worrying about, though? If there is no executor I think the next of kin will have to take responsibility- will that be your husband?

Problems with overpayments of pensions are common. The pensions people will notify the estate of overpayments and the executor will have to sort it out. It is usually one of the more straightforward issues and on its own isn't worth losing sleep over.

[TCL-MUMPING]

I work for Jobcentre Plus and have also worked on sections awarding an paying Benefits. As the Benefit was due to be paid on a Bank Holiday it has been paid in advance. In these circumstances, it has been overpaid but no action will be taken. It's confirmed here in the Department's Overpayment Recovery Guide.

No Overpayment Action Required

1.15 Where any of the following conditions are met, the policy is that no overpayment action should be taken:

Advance Payments: (e.g. public holidays, Post Office (PO) closures, or by authority of the department) where the customer did not know of the change in circumstances at the time the payment was made or was cashed.

[Im a BusyBee]

if it wasnt for me to worry about factor30 i wouldnt be asking would i??

Thanks for your help and confirmation too TCL.

[factor-fiction]

Well, that's me told off!
I was just trying to point out that ultimately it may not be your problem. Will your husband be responsible for administering the estate?

[Yorky Lass]

Did The Pension Service take your details when you phoned as the BD8 once completed gives details of whom to pay any payments that may be due to the estate. Also did they ask you to send in the death certificate?
The reason I ask is I work for DWP and although I take details over the phone I have to ask for the death cert or BD8 to be sent in as confirmation. Without either of these the customers claim can not be officially closed.

[Totterdown]

Considering Christmas and New Year have happened since your sad news, it is still early days and no one will get into any trouble yet. Why not just ask in the Post Office where the pension was collected. They would know what to do and point you in the right direction.

[Im a BusyBee]

Yorky - i was told i could do it all over the phone but i said i would rather speak to the person that registered the death and had the BD8 before interfering further. He was keen for me to do it over the phone immediately to "avoid any further (over) payments being made" He also asked for NI no, which we dont have here, but i was told by going through security i could still continue the process and leave appropriate details with him. He told me they were open until 6.00pm this evening and i could ring back to finalise. The reason i have become involved is that those that wanted to take on the task really have no idea of how to deal with what they have taken on. I run my own business and am experienced in formalities and used to dealing with the likes of HMRC and other official bodies. It took me no time at all to find out what i wanted to know yet they still had no idea 6 days on. My husband says they could not organise a **** up in a brewery. With the person who collected this payment saying it has to go back as i think its an over payment and others not happy with where the money is at the moment i felt it best to find out for myself and let the others know. Which i have done and they have thanked me for finding out as they did not know how to.