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    • Batman2017
    • By Batman2017 8th Jan 18, 2:59 PM
    • 79Posts
    • 75Thanks
    Batman2017
    DWP threatening to stop pension
    • #1
    • 8th Jan 18, 2:59 PM
    DWP threatening to stop pension 8th Jan 18 at 2:59 PM
    Hi I’m asking this for a friend.

    I’ve got a friend who has got into some bother over a housing benefit claim. She’s an OAP who lives alone after her partner died. Basically in a nut shell they are saying she’s overclaimed. She’s been co-operating with the investigation as I think she genuinely didn’t realise.

    They came round her house today and amongst things they threatened to stop her pension. Is this something they can do?
Page 1
    • xylophone
    • By xylophone 8th Jan 18, 4:51 PM
    • 24,074 Posts
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    xylophone
    • #2
    • 8th Jan 18, 4:51 PM
    • #2
    • 8th Jan 18, 4:51 PM
    Who are "they"?

    Do you mean that her local authority is threatening to put some sort of lien on her state/occupational pension?

    Do you mean "threatening" as in the person is being bullied or do you mean that she has been advised that she will need to pay back an overpayment?

    I don't see how they could prevent an occupational or state pension from being paid.
    • dunstonh
    • By dunstonh 8th Jan 18, 5:52 PM
    • 90,461 Posts
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    dunstonh
    • #3
    • 8th Jan 18, 5:52 PM
    • #3
    • 8th Jan 18, 5:52 PM
    They came round her house today and amongst things they threatened to stop her pension. Is this something they can do?
    Threatened or informed?

    Threatening behaviour should not take place and she should report it if that is the case. However, if she was informed that they could reduce her state pension then that is allowed and expected.

    If someone has overclaimed, even my mistake, they are not entitled to keep the money. They won't put someone in hardship (they may place a charge against the property if income is an issue). If she has savings, she could pay back the overpayment. If she doesnt they may look to reduce her income over a period.

    They have a number of solutions open to them based on the situation of the individual and whether it was a genuine mistake or an attempt at benefit fraud.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Batman2017
    • By Batman2017 8th Jan 18, 9:17 PM
    • 79 Posts
    • 75 Thanks
    Batman2017
    • #4
    • 8th Jan 18, 9:17 PM
    • #4
    • 8th Jan 18, 9:17 PM
    They are the DWP, they turned up unannounced and from what I have been told they said they’d stop her state pension full stop and she’d never be able to make another benefit claim again. She doesn’t own her property. She has about 15k locked away which was life insurance money when her partner died a few years back. She’s offered to pay money back but they are going down the fraud route.

    I don’t know the full story but it does seem like let’s forget about the millionaires who avoid tax and go after the little guy.
    • elsien
    • By elsien 8th Jan 18, 9:21 PM
    • 15,680 Posts
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    elsien
    • #5
    • 8th Jan 18, 9:21 PM
    • #5
    • 8th Jan 18, 9:21 PM
    She forgot she had 15k stashed away when she made her HB claim? Or she was already claiming and didn't disclose the payment? How long has she been claiming for when she shouldn't have? The timescales and amounts are likely to be relevant when the decision is made about what action to take.

    She will have been told the potential consequences of her actions if she has been fraudently claiming.
    Last edited by elsien; 08-01-2018 at 9:26 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • xylophone
    • By xylophone 8th Jan 18, 9:26 PM
    • 24,074 Posts
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    xylophone
    • #6
    • 8th Jan 18, 9:26 PM
    • #6
    • 8th Jan 18, 9:26 PM
    But isn't it the local council that deals with HB rather than DWP?

    What have the DWP to do with it?

    Has she been claiming pension credit?
    • Alice Holt
    • By Alice Holt 8th Jan 18, 11:10 PM
    • 1,711 Posts
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    Alice Holt
    • #7
    • 8th Jan 18, 11:10 PM
    • #7
    • 8th Jan 18, 11:10 PM
    It's difficult to comment without more details, but...
    ...I wonder if the DWP are referring to Pension Credit payments (as xylophone as suggested).

    https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/pension-credit/

    Pension Credit is a means tested benefit (which tops up the State Pension) and an award of PC entitles the claimant to automatic Housing Benefit.

    I can't see how the DWP could stop her State Pension - that is contribution based.

    She may wish to get advice from her local CAB / advice agency.
    • Malthusian
    • By Malthusian 9th Jan 18, 10:26 AM
    • 3,588 Posts
    • 5,520 Thanks
    Malthusian
    • #8
    • 9th Jan 18, 10:26 AM
    • #8
    • 9th Jan 18, 10:26 AM
    I don’t know the full story but it does seem like let’s forget about the millionaires who avoid tax and go after the little guy.
    Originally posted by Batman2017
    If you have a millionaire who pays all the taxes they owe and a little guy who has committed benefit fraud, then of course the state should go after the little guy.

    "Avoid tax" means the millionaire pays their taxes. HMRC aggressively pursues those who evade tax. Google for example "film partnership" and "accelerated payment notice".
    • dunstonh
    • By dunstonh 9th Jan 18, 10:57 AM
    • 90,461 Posts
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    dunstonh
    • #9
    • 9th Jan 18, 10:57 AM
    • #9
    • 9th Jan 18, 10:57 AM
    I don’t know the full story but it does seem like let’s forget about the millionaires who avoid tax and go after the little guy.
    The wealthy pay the majority of taxes in the UK. The top 10% pay 27% of all taxes. The middle class pay 40% of all taxes. If it wasn't for them, there wouldn't be any benefits for the little guy.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Pollycat
    • By Pollycat 9th Jan 18, 3:01 PM
    • 18,702 Posts
    • 49,269 Thanks
    Pollycat
    They are the DWP, they turned up unannounced and from what I have been told they said they’d stop her state pension full stop and she’d never be able to make another benefit claim again. She doesn’t own her property. She has about 15k locked away which was life insurance money when her partner died a few years back. She’s offered to pay money back but they are going down the fraud route.

    I don’t know the full story but it does seem like let’s forget about the millionaires who avoid tax and go after the little guy.
    Originally posted by Batman2017
    I bet the 'full story' differs from what we've been told.
    • p00hsticks
    • By p00hsticks 9th Jan 18, 5:10 PM
    • 5,896 Posts
    • 5,871 Thanks
    p00hsticks
    But isn't it the local council that deals with HB rather than DWP?

    What have the DWP to do with it?
    Originally posted by xylophone
    I think DWP work with Local Authorities and can handle compliance and fraud cases for housing benefit as well as for the benefits that they administer directly
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