Help! DWP have overpaid Pension credit for 8 years

goldencup

In 2004 my husband starting claiming Pension Credit when my job became redundant. He was already on Incapacity benefit and DLA. Two years later he claimed Retirement pension at 65. I started claiming retirement pension in 2006 at age 60.
In 2004, when I became redundant and my husband had to claim Pension Credit for me, We informed ( by phone), the DWP, of a £32 per month pension I was receiving from a previous job. We left it at that and at each stage of change (ie when we both started claiming our state retirement pension ) and when our mortgage was paid off ( as we were claiming Housing allowance), We simply declared only the changes to our circumstances. We did not think it necessary to mention the £32 per month again, as this was still the same and we had already told them about it.
In May 2012, I turned 65 and received a monthly pension of £ 80 per month. We rang DWP to inform them of the increase in income and they adjusted our Pension Credit.
Two weeks ago we received a wad of reports dating back to 2002 stating over payment because they have not been accounting for the £32 per month since 2004. They now say we must appeal if we disagree.
Where do we stand? We are very worried as this is a huge amount for us to have to pay back out of our low income.

Mara69

If you did not declare this income then yes, you've been overpaid. I would suggest writing to the DWP, asking for time to re-pay the overpayment. Enclose an expenditure form.

rogerblack

You should appeal.
Firstly - do you have any evidence that you submitted details of this at the time?

missapril75

rogerblack wrote: »

You should appeal.
Firstly - do you have any evidence that you submitted details of this at the time?

Wouldn't there have been some review procedures in the 8 years? I see there is something called an assessed period now (changed since my time) but whatever review method was used would surely have highlighted this money; past reviews being along the lines of "this is what we have - has it changed?" or "what is your income?" (like a whole new application).

There must have been quite a few notices of entitlement sent (at least annual uprating) not showing that money.

At this stage I think it's not a strong case.

rogerblack

missapril75 wrote: »

There must have been quite a few notices of entitlement sent (at least annual uprating) not showing that money.

At this stage I think it's not a strong case.

Perhaps, to a degree.
However, even if - for example - the annual award showed it, for example, the overpayment at least up till that annual award would be questionable.

Whiteknight

It would depend on what records they have of the original claim or any subsequent reviews - if the pension is mentioned that it will be official error and you will not have to pay it back.

If however it was never declared then as other poster has mentioned you would have had entitlement letters at least once a year and they ask you to check them and report any mistakes.

I've seen people who have been on Pension Credit for years get found out for undeclared income from private or works pensions and even earnings - a lot more systems are checked these days.