State pension - overpayment to deceased pension

Vologda69

Would appreciate your comments:

Uncle was getting contributory state pension having worked for over 40+ years. Social protection were advised of his death within days. He died on a Friday and his pension was paid for that week and the following week. Social protection without any notice, letter or otherwise took three weeks pension from his bank account. Is it usual practice for them to take money from accounts without notice? When ive seen guys pay €5 a week for dole overpayments. I calculate the uncle owed them one week only. Surely he was entitled to the payment that went in on the Friday he died. Raging.

Atlantic Dawn

Are you sure they took it from his bank account? Have you seen the bank statement showing this being removed?

Edit, spotted this, they have to contact you before doing it...

Deductions of up to 15% can be also made from your earnings (under section 15 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013. An overpayment can also be taken from money that you hold in a bank or other financial institution. It is also possible that you may not be able to withdraw money from a bank account (for example) until the overpayment has been repaid. You must be notified in writing before deductions can take place.

https://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/recovery_of_social_welfare_overpayments.html

Vologda69

Yes states on it - 'social refund'

Dempo1

Have to say this sounds very heavy handed, I would have at least expected SW to advise in writing there was an over payment and invite it to be repaid, that in turn could be addressed by the Deseased's estate executor. Given your Uncle had passed away, was his bank notified and account frozen (albeit that can take time), the bank should not be permitting any activity on his account if notified.

I also understood a process is required for any department, Revenue etc to deduct funds from a person's account but at a minimum a government department taking funds out of a Deseased persons account is extraordinary, especially given the fact they were notified of his death.

I'd certainly be getting next of kin to discuss this with Solicitor and whomever will be your uncles estate executor. Just seems extraordinary to be honest.

Vologda69

https://www.boards.ie/discussion/comment/118997750#Comment_118997750

Yes, the Executor said they will try to get an explanation from pensions section and make a complaint if necessary

Dempo1

https://www.boards.ie/discussion/comment/118997924#Comment_118997924

It really is extraordinary, shocking actually and whilst Revenue have extraordinary powers for example, Due process and possibly a court order required to permit the removal of funds from an identified account.

There's also the question as to why so much was taken from your Uncle's account.

Hopefully you'll get a resolution to this soon.