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7.16.2 Debtor deceased
188.8.131.52 — Where a debtor is deceased and there is an outstanding overpayment, a formal claim must be made on the estate. If it is established that there is no estate, insufficient estate, or it has already been distributed, the debt may be written off. If reasonable attempts to locate the executor or next of kin are unsuccessful, or there is no response to the claim on the estate, write off can be considered. The debt should be reviewed after a three to six month period to ascertain whether circumstances have changed (e.g. the surviving spouse or next of kin wishes to repay the debt voluntarily). If after the review period, there is no likelihood of a family member making a voluntary repayment, the debt may be waived under the extreme or unusual circumstances waiver guidelines. Refer to this manual's Section 7.18 Waiver.
A single pensioner residing in accommodation provided by a State housing authority passes away. The pensioner has no next of kin, and leaves no estate.