Pension Credit - How long can they wait for evidence

bigboybrother

A friend has asked me to ask this question

He put in a claim for PC on the 13th March 2013 received by the Pension service on the 18th, but didn't send any evidence in supporting the claim (income from other sources etc) - He didn't know what they wanted - it took all of his time & energy to fill out the form!!

They attempted to set up a home visit to verify the evidence for the 19th April. He contacted the visiting team and told them that he would not be available on that date.

The visiting team left a message for him a day later and said that they had returned the file to the Pension Service for them to do 'whatever they wish'.

Today he has had a telephone call from the Pension Service wanting to know why he had cancelled the appointment. He again told them that it wasn't convenient and that they weren't prepared to make another appointment.

The Pension Service said that they would send out a letter listing what they wanted to see and that it all must be returned by the 18th April. He explained that he would have to get the information about his pensions from the providers (8) and couldn't guarantee that the evidence would be with them by the 18th.

He was told in no uncertain terms that if all isn't sent in his claim would be closed.

He asked if he could have a visit from the DWP once the letter arrives and was told that it wouldn't be possible.

As it is the 9th now and the letter detailing exactly what they want hasn't been sent by them yet, I feel that it is totally unfair to put this pressure on an old guy that is trying his best.

Do the Pension Service always put this pressure on people? Shouldn't they allow the month to send what they want after telling him exactly what is required?

What rights does he have to tell them that it is unfair on a 73 year old?

If the claim is closed can he take it to a Tribunal as the Pension service are being too heavy handed?

I have spoken to AGEUK on his behalf this afternoon and all they would say that legally they are correct, but that they have never heard of this level of pressure being applied before (they have cases that are months old and still waiting for evidence

anmarj

if he knows what they need, why can't he contact the provider and ask them to get the details sent out? for pensions then they need payslips, if not then bank statements showing two payments (especially if he is requesting backdating) or a letter from provider confirming the payments for the period required. In effect when a claim is received and further evidence is needed, people only have one calander month to return the items. it is only in extenuating circumstances can they extend it. If he gets a nil award due to him not supplying evidence then he can appeal it, but he then has to explain why he has failed to supply it. If he can show that he has made contact and is waiting for the provider to supply it they MAY extend it as that would show he is taking steps. if all the information is received within one calender month of the claim being closed they may re-open it for assessment

bigboybrother

anmarj wrote: »

if he knows what they need, why can't he contact the provider and ask them to get the details sent out? for pensions then they need payslips, if not then bank statements showing two payments (especially if he is requesting backdating) or a letter from provider confirming the payments for the period required. In effect when a claim is received and further evidence is needed, people only have one calander month to return the items. it is only in extenuating circumstances can they extend it. If he gets a nil award due to him not supplying evidence then he can appeal it, but he then has to explain why he has failed to supply it. If he can show that he has made contact and is waiting for the provider to supply it they MAY extend it as that would show he is taking steps. if all the information is received within one calender month of the claim being closed they may re-open it for assessment

That's the first point - he doesn't know what they want - he is assuming. He has indicated to the PS that he has bank statements but the PS have suggested that it will just show the net and may include deductions that are not allowed - ie union subs etc.

As regards the other private pensions, some are fixed some grow every year, some are paid monthly, some once a year, some taxed and some are paid gross.

Then there is a small business that he had and closed down due to ill health/retirement a couple of weeks before he claimed PC - they seem to want some information on that - don't know what or why.

Until the letter arrives he has no real idea what they want. Ironically it was the PS that insisted in late March that he would need a visit so that the correct information can be verified as he is not all that clever with forms and knew that it may be difficult for him to get it all together. Much better if someone came out to go through it all with him.

Now they are saying that as he cancelled that visit, they will only deal with him by post. (So what was the point in the PS saying that he needed a visit in the first place?)

No he doesn't want any backdating at all. He is quite happy to have the claim start when he sent the form in, not when he started to complete it back in January!!!

They just seem to be taking a hard line with him because he cancelled the visit.

Yes they are giving him a month from when they received the PC claim (18th March) but until he receives the letter he doesn't know what they want and how he should go about getting the information they want - and he at best will only have 8 days to get it all to them.

No doubt he will have to write to all of the pension providers and ask & pay for duplicate bank statements going back to when he doesn't know. On top of that what they want to know about a business that was closed down weeks before he claimed no one knows.

I suppose you are right that if they do close the claim down, he at least can show them that he is trying to get the information by writing letters.

I always thought that the Pension Service, by the very nature of the claimants (aged and probably disabled), would be a lot more helpful. I can understand this attitude with say a 25 year old claiming Income Support.

It does make me wonder if this is one of the reasons (attitude and hard line approach) why there is such a low take up of Pension Credit by eligible claimants.

FBaby

Maybe if he hadn't cancelled the appointment because it wasn't convenient to him, he would now know? 'not convenient' is not a very good reason to cancel such an important appointment.

He does have quite a good idea of what they want since you have listed them here, so he could at least start with that. Waiting and doing nothing at all is not going to bring a positive result in anyway.

You go on about their attitude, but from your post, you seem to take the approach that they should have no rules just because claimants are older. My mother is law is 83 and her mind is sharp as a 40yo. 73 isn't old. You can't use age as a reason to provide special treatment. Your friend needs to accept that to get benefits, he needs to follow the rules, not the other way around.

mazza111

Although I agree with post 5. The OP has just said it was inconvenient. Would it not have been inconvenient if they had a hospital appointment that day? There may have been an unwritten reason for the inconvenience

mazza111

margaretclare wrote: »

So why not say so? Most people understand if you say politely 'I'm afraid I have a hospital appointment that clashes - can you suggest another date/time?'

But some people don't want to state private things like that on a public forum...

cbrown372

bigboybrother wrote: »

That's the first point - he doesn't know what they want - he is assuming. He has indicated to the PS that he has bank statements but the PS have suggested that it will just show the net and may include deductions that are not allowed - ie union subs etc.

well if anyone can help your friend as to what they want its you Andy after all you are the expert in how much pension credit people are due.

mazza111

margaretclare wrote: »

It wouldn't have been on a public forum, would it? They phoned him to ask why he'd cancelled the appointment. Simple enough to say it then, and the appointment could have been remade. What's hard about that?

Well actually what I meant was, they have probably given the reason to them as hospital appointment and to us an inconvenience.

But as stated on my first post on this thread....

Although I agree with post 5.

Whiteknight

You have a calendar month (31 days) to supply the information required. Information supplied after this time could affect the date you want to claim from.

bigboybrother

Whiteknight wrote: »

You have a calendar month (31 days) to supply the information required. Information supplied after this time could affect the date you want to claim from.

Thanks, but according to what I have researched, yes it is one month but it goes on to say:


7. Every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, asmay be required by the Secretary of State and shall do so within one month of being required to do so or such longer period as the Secretary of State may consider reasonable.


As this information will have to be obtained from a third party (insurance company) it is in the lap of the gods as and when they reply.

How does the DWP define 'consider reasonable'? How far do you think that they can be stetched to?

Their letter that I have now seen is very blunt (considerably so given the type of people that would claim Pension Credit).

.....You are required to supply all of this information by the 9th May 2013 - (letter dated 9th April 2013 - Claim made on the 13th March 2013) - If we have not received all of this information by this date your application WILL BE CLOSED.

They don't seem to be interested in giving any leeway whatsoever for any reason - is that normal?

bigboybrother

mazza111 wrote: »

Although I agree with post 5. The OP has just said it was inconvenient. Would it not have been inconvenient if they had a hospital appointment that day? There may have been an unwritten reason for the inconvenience

Is it absolutely necessary to explain everything in great detail when asking a question on here?

Yes you are right. The reason the 9th was so important was that his wife was taken into hospital 90 miles away for major surgery. The procedure would mean a stay of at least 4 weeks probably longer in hospital. He wants to see his wife every day.

The Visiting team AND the DWP were made fully aware of this, hence the quickly rearranged appointment for the 5th. The Visiting team AND the DWP were then made aware that that date was already taken up with another medical appointment.

At all times everybody was kept informed of what the situation was.

It was the Visiting team that having had these appointments cancelled for very good reasons, decided to send the file back to the DWP. The DWP subsequently have refused to refer him back to the Visiting team for another appointment, convenient for all parties concerned.