Reply To: Overpayment caused by claimant’s death – recoverability under Reg 101(2)

#163856
wh79
Participant

The judge did mention about an executor, however we are not aware of any executor, the Judge said that if an estate is below a certain value, it is not necessary to appoint an executor, whereas if the estate is above a certain value, then an executor or administrator must be appointed.  Due to customer being on benefit's the Judge took the stance that she was unlikely to have had an estate of any value, so potentially no executor.  (she was only in her 40's)

 

We are aware that we may have to contact probate to see if there was an executor.

 

101(2)(b) misrepresentation/failure to disclose – this must be a deliberate breach, if there is an executor and they made out that they were unaware that they had to notify benefits etc, then it could be said that it wasn't a deliberate breach. Obviously I'm just thinking of possible arguments that could be made against a decision.

Thanks