Bereaved family members have been requested to repay state pensions that had been wrongly despatched to individuals who have died by the Division for Work and Pensions (DWP).
The DWP has confirmed it has no authorized proper to reclaim the cash however argues that it does so to guard public funds.
Former Pensions Minister Sir Steve Webb says the letter the division sends out to households doesn’t make it clear the repayments are voluntary.
Over the previous 5 years, the DWP mistakenly paid greater than £500m in state pensions and pension credit to the deceased, recovering about half from bereaved family members.
This case can come up if there’s a delay in reporting a dying – or within the DWP processing it – inflicting additional pension funds to be issued.
Because of this, a part of that fee could cowl a interval after the particular person has died.
Within the newest yr, £144m was overpaid in state pensions by the DWP after an individual’s dying attributable to delayed reporting.
The division recovered £67.3m, leaving £76.7m in unrecovered overpayments.
Sir Steve, who’s a associate at pensions consultancy LCP, used a Freedom of Data request to see a replica of the letter the DWP sends out to households and executors.
It revealed that whereas the division asks for the cash to be returned to guard public funds, it doesn’t state that reimbursement is voluntary.
The previous minister mentioned he was “shocked” to be taught the letter doesn’t make clear that returning the cash is not obligatory.
Sir Steve argued that this turns pension repayments right into a “lottery” the place some folks ship the cash again whereas others do not.
The previous Liberal Democrat politician, who served within the ministry between 2010 and 2015, warned the system disproportionately impacts essentially the most weak, who could also be grieving and unable to query the letter.
He referred to as for a “constant method”, urging the federal government both to safe a authorized foundation for recovering overpayments or cease benefiting from “individuals who do not understand how this method works”.
Radio 4 Cash Field listener Dennis mentioned he had been “caught out” by the process twice, after each of his mother and father handed away.
Dennis defined that he adopted the letter’s directions to “settle all” his mother and father’ affairs.
He added that he “obeys the federal government and pays it” as he did not know the reimbursement was not legally required.
One other Cash Field listener, Jan, advised the BBC that her late husband could be “completely beside himself” if he knew that over £250 of his pension had been paid again when it did not must be.
Jan mentioned she was confused when she obtained a letter from the DWP stating her husband had been overpaid, as she had knowledgeable them “instantly” after his dying.
“It was upsetting the way in which it occurred and [the way] the entire thing performed out,” she mentioned.
The Division for Work and Pensions mentioned in a press release: “It’s not our intention to trigger misery, nonetheless, now we have a accountability to taxpayers to get better overpayments. We acknowledge this isn’t all the time potential.
“While there isn’t a authorized obligation to repay a debt of this sort, we recognise some folks will likely be keen to repay cash to which there was no entitlement. We offer full contact particulars and encourage anybody with considerations to name us.”
For extra on this story hearken to Cash Field at 12:00 GMT on BBC Radio 4 or atone for BBC Sounds.