Please please opinion needed

Kimitatsu

OK I am officially a sad person as I have dug out the books to have a look :rolleyes:

Overpayments can only be recovered if you failed to disclose or misrepresented a "material fact". A material fact is one which is relevant to how much benefit you should be paid.

Because the OP has made a factual declaration which was true at the time of application and he had already asked for his pension to be paid, he cannot be found lacking in applying for all he was entitled to (so no notional income deprivation can apply) not can he have failed to disclose or misrepresented a material fact.

He has to report a change in circumstances to avoid an overpayment but there should be nothing else to pay.

luvtv

Kimitatsu wrote: »

OK I am officially a sad person as I have dug out the books to have a look :rolleyes:

Overpayments can only be recovered if you failed to disclose or misrepresented a "material fact". A material fact is one which is relevant to how much benefit you should be paid.

Because the OP has made a factual declaration which was true at the time of application and he had already asked for his pension to be paid, he cannot be found lacking in applying for all he was entitled to (so no notional income deprivation can apply) not can he have failed to disclose or misrepresented a material fact.

He has to report a change in circumstances to avoid an overpayment but there should be nothing else to pay.

Thanks for that at least I have cancelled my claim for IS and CT benefit though I am still able to receive SP discount

I will await further correspondence from the DWP and LA

Thanx all

seven-day-weekend

I have to say what a nice change it is when someone is a) happy with the advice they have been given and b) happy with what they have been awarded.

Wishing you well, luvtv.

Indie_Kid

Have you checked whether you're entitled to free prescriptions on basis of disability/illness?

mark55man

seven-day-weekend wrote: »

I have to say what a nice change it is when someone is a) happy with the advice they have been given and b) happy with what they have been awarded.

Wishing you well, luvtv.

just going to say the same thing.!!

OP - there does still seem to be slight difference of opinion on repaying benefits. I would definitely try kimitatsu line of defence if they do try and make you pay back as it feels fair and reasonable

at the end of the day you will be better off whatever happens, and I wish you the best of luck

AnxiousMum

SDAW - thought exactly the same thing as you - how refreshing to read someone who has had benefit of the assistance when needed, but now able to make own way and is happy with the outcome instead of complaining about now possibly losing benefits.
This is exactly what our benefits programs are for - to help people through the times when needed. So glad for the OP that your pension has come through - and really glad for you that you will be better off now as well.

Molly41

Hi,
Im in the process of trying to sort out my Occupational Pension so am very pleased that you are finally getting what you paid into for all those years. Please could you tell me why they took so long to pay out? I think it sounds like im in a very similar position and can see mine taking four years to sort. Anyway welldone - perserverance pays off - mega stressful though.
Mollyx

luvtv

Molly41 wrote: »

Hi,
Im in the process of trying to sort out my Occupational Pension so am very pleased that you are finally getting what you paid into for all those years. Please could you tell me why they took so long to pay out? I think it sounds like im in a very similar position and can see mine taking four years to sort. Anyway welldone - perserverance pays off - mega stressful though.
Mollyx

You just have to hang in there and NEVER lose your faith



On another note had it unofficially from DWP and LA that they will not try to claw back any benefits I received notwithstanding my windfall from the pension fund

Thanks to EVERYONE on MSE forums who gave me very good advice especially Kimitatsu for troubling herself to dig out her books on my behalf

When I get my lump sum I promise I will give £100 to the MSE charity on your behalf to help keep this brilliant website going as a token for all your kind words

Thanks again

I:heartsmilMSE

seven-day-weekend

That's a lovely gesture, luvtv.

Also, good news about your Benefits.

Best wishes for the future.