Pension Credit Overpayment

Buster23

Please can someone give me some advice?
I received a letter from DWP stating that i have been overpaid Pension Credit since 2009!! and they want it all back!! This is through no fault of my own, as when I turned 65 I received a small private pension from a work place where I only worked for a couple of years, I informed them that I was in receipt of this, they then wrote to me and told me what I was entitled to and that was that. But now they want all this money back and I don't know how im gonna pay it back!!

sleepless_saver

First, don't panic!

If you can show that you provided DWP with information about your income including your private pension, then the overpayment is down to them and they shouldn't be pursuing you for it. (Remember that you can ask for their records of your contacts with them if you need to, by a data protection subject access request.)

If you did end up having to repay, then you'd want to negotiate repayments at a rate you can afford.

For both these things, you're best to get help from CAB or local welfare rights.

(Note that if you get any other benefits they could be affected as well.)

Buster23

Thanks for the advice. It's just so hard not to worry!! I can't sleep at night for worrying about what the outcome is going to be.
I have written to them over a week ago, however, there has been no reply, funny how when your waiting on them to reply, they never do it as quick as what they expect you to reply to them.

Pollycat

Buster
do you still have the letter from DWP giving your Pension Credit entitlement after telling them of the extra you were getting?

And does that letter prove that you did advise them of the additional income you were getting?

About 6 years ago, I successfully fought an overpayment demand (£3K +) for Child Tax Credits and Working Tax Credits for my sister and her OH.

I quoted their Code of Practice leaflet (COP26) at them and said something like having advised them of a change in circumstances it was reasonable to assume that the amount they were paying was correct.

You could do with getting the relevant leaflet (if there is one) for Pension Credit.

Good luck with this, keep us informed.

Buster23

Hi Pollycat

I have found the letter from DWP, and it does take into account of additional money from a private pension. So, thanks for that top tip, I would never have thought of looking for it.
I just hope hope that this is enough to prove that we had no intention of trying to get extra money from them.
I have taken a look online at the Code of Practice, however, I am not sure if there is anything in there that I could quote.

http://www.dwp.gov.uk/about-dwp/public-bodies/dwp-sponsored-public-bodies/disability-living-allowance-advisory/who-we-are/code-of-practice/

Once again, thanks for your advice.

Pollycat

Hi Buster
that's good news about having the letter.

The leaflet I mentioned (COP25) detailed what an individual's responsibilty was and what DWP responsibilities were and what happened when you (an individual) got it wrong, what happened when DWP got it wrong and what happened when both got it wrong.

I'd wait and see what they say but if you've done everything right by telling them (and have the proof that they knew about your additional income), I'd fight with everything you have to get this overpayment disregarded.

Just out of interest, re you getting the Guarantee PC or Savings PC?