Pension credits wrongfully paid

strugglingcrusader

I am writing this post on behalf of my grandmother looking for some advice on pension credits.
She has recently received a letter stating that she has been overpaid as she hadn't declared a private pension income. She assures me that she had declared this and that it was stated on the original claim form.
After telling the pension credit people this they say they have no record of this so the money paid out must be returned and is being handled by a debt management department, this obviously has her worried and upset.
Is there anything we can do to prove that the information has been declared?
Or anything else that may resolve this issue without paying the substantial amount back.
Any advice will be appreciated, thanks.

Mojisola

She should have had a letter from the DWP setting out all her income and what they were going to pay her.

If the private pension wasn't on there (and it could have been their mistake) and she was overpaid, the money will have to be repaid.

pmlindyloo

strugglingcrusader wrote: »

I am writing this post on behalf of my grandmother looking for some advice on pension credits.
She has recently received a letter stating that she has been overpaid as she hadn't declared a private pension income. She assures me that she had declared this and that it was stated on the original claim form.
After telling the pension credit people this they say they have no record of this so the money paid out must be returned and is being handled by a debt management department, this obviously has her worried and upset.
Is there anything we can do to prove that the information has been declared?
Or anything else that may resolve this issue without paying the substantial amount back.
Any advice will be appreciated, thanks.

Your grandmother needs to follow the process outlined here:

http://www.turn2us.org.uk/information__resources/benefits/challenging_benefits_decisions/challenging_benefits_decisions/dwp_benefit_decision.aspx

Ask for the decision to be looked at again saying that the information was put on the original claim form. A decision maker will look at it and notify you whether it stands or is over turned. You then have the right to appeal.

There are strict time limits to this so if your grandmother has run out of time then seek advice from CAB. I do not know how old your grandma is and how fit she is but there may be mitigating circumstances as to why she didn't go through this process and CAB would help her put in a late/consideration/appeal.

I don't suppose she kept a copy of the original claim form?

If you telephone DWP make sure you note the date of the call, the person you speak to and exactly what was said.

If the DWP has made an official mistake (ie. the information was on the claim form but they didn't act on it) then it will not have to be paid back.

Normally, the award letter should have raised alarm bells if the pension wasn't included but it could be argued that in view of your grandma's age/mental health/physical health she didn't understand etc etc.

pmlindyloo

You can also ask for a Subject to Access information from the DWP. The form is here:

https://www.gov.uk/government/publications/dwp-request-for-personal-information

nannytone_2

are they saying she shouldnt be receiving ANY pension credit or just a lower amount?

anmarj

Mojisola wrote: »

She should have had a letter from the DWP setting out all her income and what they were going to pay her.

If the private pension wasn't on there (and it could have been their mistake) and she was overpaid, the money will have to be repaid.

If it was official error then it would of been written off and nothing sent to the grandmother. The decision maker is making the decision regarding recoverability this is one of the changes made in 2012.

tomb50

anmarj wrote: »

If it was official error then it would of been written off and nothing sent to the grandmother.

Excuse me for butting in, but I'm easily confused!

Are you saying that in the event of official error, the claimant is NOT informed that the overpayments have been written off?

With thanks.

lld01

tomb50 wrote: »

Excuse me for butting in, but I'm easily confused!

Are you saying that in the event of official error, the claimant is NOT informed that the overpayments have been written off?

With thanks.

Claimants are generally not informed that an overpayment has ocurred at all, if it is all written-off as official error.

tomb50

lld01 wrote: »

Claimants are generally not informed that an overpayment has ocurred at all, if it is all written-off as official error.

So all the letters I've written to the DWP trying to find out what's happening regarding my Pension Credit overpayments has been a total waste of time??? (Latest letter two months ago, still waiting)

They're not going to reply??

So in a couple of years time I receive a letter from DWP saying I owe them these overpayments and I've got nothing in writing to prove this was an Official Error??

What a system.


Thanks again lld01 for your ever-useful advice.

TELLIT01

tomb50 wrote: »

So all the letters I've written to the DWP trying to find out what's happening regarding my Pension Credit overpayments has been a total waste of time??? (Latest letter two months ago, still waiting)

They're not going to reply??

So in a couple of years time I receive a letter from DWP saying I owe them these overpayments and I've got nothing in writing to prove this was an Official Error??

What a system.


Thanks again lld01 for your ever-useful advice.

If you have raised your concerns about possible overpayment they should definitely get back to you about it. If DWP spot an overpayment which was caused by their error, without the claimant contacting them, it would generally just be written off and the claimant would not be informed.

tomb50

Much appreciated.

The problem is I got caught out like this back in the 90's, resulting in 6 years of debt. It didn't help that I had nothing in writing to prove that it was the council who had messed up by repeatedly sending me a wrong bill and repeatedly insisting they were right. 6 months later they sent me a letter saying I owed them hundred's of pounds and if it wasn't paid by return. they'ed take me to court.

Now, I've got this sense of deja vu the way this one's going, possible future debt and nothing in writing...

Anyway, thanks again.

My apologies to OP, I didn't intend to hijack this thread. I'll leave you to it.