§ Mr. David AtkinsonTo ask the Secretary of State for Social Security what(a) advice and (b) guidance his Department have issued on the retrieval of overpayment of attendance allowance from the spouse following the death of the recipient; and if he will make a statement. [20800]
§ Mr. Andrew MitchellThe advice and guidance involving the recovery of an overpayment under these circumstances is common to all benefits. Each case is treated on its merits, although recovery is sought only if the amount exceeds £25.
If there is a recoverable overpayment outstanding at death, it can be recovered from the deceased's estate under social security legislation. If the overpayment arises after death, for example an automated credit transfer, ACT, payment continues directly into a bank account, as entitlement ceases on death, the deceased's estate has no title to the payment and repayment is then sought either from the estate or a beneficiary of that estate. This is under the established principle of common law, that if a person who finds himself in receipt of money to which he is not entitled, he should return the sum involved.
There are specific instructions not to seek recovery within three weeks of bereavement to avoid causing unnecessary distress and anxiety to the bereaved.
If the hon. Member wishes to write to me separately concerning an individual case, I shall provide a detailed reply.