# Government reclaiming Benefits



## greentea (12 Nov 2010)

Dear All,

I have a question regarding a relatives will.  The deceased was claiming disability benefits and I understand from the solicator that he is waiting to hear from the government if they intend to reclaim overpaid benefits from the estate. My question being is their a time limit on how long the government have to lodge a claim?  And if they do is it a lengthy process?

Thank you.


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## dereko1969 (12 Nov 2010)

I'm a little confused, are you saying that disability benefit was still being claimed after the death? was there a delay in notifying the death to the SCP?


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## Black Sheep (27 Nov 2010)

You seem to be suggesting that the deceased was claiming a benefit that he was not entitled to. If this is the case SW will seek to recover any overpayment.  
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"4.14 Deceased debtors:* Efforts should be made to discover if a will was made and, if appropriate, recovery action against the estate of the deceased debtor should be taken. 
 Such cases should be referred to an Inspector for any action considered necessary. Local Offices should note the claim papers for review every 6 months."


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## greentea (9 Mar 2011)

It would appear he was in receipt of overpayment.   The fact of the matter is that it was been dragging on for almost two  years now.  I do not object to social welfare reclaiming what they see  fit, I simply wish they would get on with it so we can continue with the  rest of the will.  How can it take so long for sw to decide how much  they need to be repaid??
Are their any options open to us to prod sw into moving forward in this matter?

Thanks,
Greentea.


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