Benefit overpayments
Repayments when someone has died
The Department for Work and Pensions (DWP) can recover benefit overpayments from a person’s estate.
An overpayment could have happened because, for example, the person who died:
- had more savings than they declared in their benefit claim
- had not declared an income
- was in hospital or a nursing home and had not told DWP
If you’re dealing with the estate, DWP will write to you once probate has been granted to ask for the information they need.
You should not distribute the estate until you know what needs to be repaid. If you do, you may have to pay back the money yourself.
What you need to do
You’ll be asked to provide information to help work out if anything needs to be repaid.
You may need bank statements, building society passbooks or other information about the dead person’s assets.
If you do not provide the information asked for, the overpayment will be calculated based on the probate figure before any deductions (that is, the whole estate).
If there has been an overpayment
DWP will write to you asking for the money back from the estate. They will tell you how any overpayment has been worked out and explain why it happened. They will also tell you how to pay.
If you need to discuss your payment, or setting up a repayment plan, call DWP’s Debt Management Recovery from Estates. The number is on the letter.
You can also write to them:
If you’re in England and Wales
Debt Management (RE)
Mail Handling Site A
Wolverhampton
WV98 2DG
If you’re in Scotland
Debt Management (RES)
Mail Handling Site A
Wolverhampton
WV98 2DH
If you’re in Northern Ireland, contact the Department for Communities Debt Management service.
If you disagree with the overpayment decision
If you disagree with the overpayment decision, you can ask for the decision to be looked at again - this is called a ‘mandatory reconsideration’.
You can do this if you:
- think DWP made an error or missed important evidence
- disagree with the reasons for the decision
- want to have the decision looked at again
Payments made after death
If the overpayment happened because the payment arrived before DWP were told about the death, DWP Debt Management will contact:
- the deceased’s next of kin
- the bank the benefit was paid in to
- whoever is handling the estate