From: "peterwn" 
Newsgroups: uk.legal uk.finance
Subject: Re: Probate - DWP
Date: 2 Sep 2006 02:35:59 -0700
   posting-account=8D85vw0AAAAiMnnpAsD-EL5vPp2ladgQ


me@privacy.net wrote:
> On 31 Aug 2006 19:21:08 -0700, "peterwn" 
> wrote:
>
> >
> >me@privacy.net wrote:
> >> >Not a wise move at all. He is likely to be in much more trouble if he fails
> >> >to cooperate.
> >>
> >> Why should anyone be in much *more* trouble if they fail to
> >> co-operate?
> >>
> >> What sort of trouble would that be?
> >
> >1.  There are almost certainly offences and penalties for not providing
> >that information.
> >
> >2.  The agency may just decide to get more bl***y minded over the
> >matter and has the power and means to make life miserable.
>
> In which case you will be able to detail the offences/the penalties
> and in particular the law which is relevant - please do so.

No, I will not. I am taking a very intelligent guess that the Whitehall
Manderins will have convinced the Minister and Cabinet to tie such
things up very tightly through the legislation governing the agence,
with wide 'vires' for the Minister to recommend to HM The Queen in
Council appropriate regulations, orders and statutory instruments to
fill in the details.  I am 95% likely to be correct on this.

>
> When you have done that you can then please explain how the agency can
> make life miserable for the executor.

The officials and their team leaders would have latitude in such cases
and hence can return non-cooperation like for like.  They can probably
also garnishee the executor's bank accounts, income etc to recover the
over-payments.

>
> Of course - if your response is pure speculation or wishful thinking
> then just ignore the request.

....at your peril!