DWP, Pension Credit and Assessed Periods

Yorkshireman99

Thanks for that. I would like to see details of any cases decided in Court of Appeal.

ericonabike

A similar situation occurred when my mother in law died. She was on an indefinite assessed income period. I pointed out that the need to verify her savings was irrelevant and unnecessary for that reason. When they persisted I contacted the bank, who sent me the earliest statement they possessed [six years I believe]. I sent this to DWP with a covering letter reiterating my earlier point and letting them know that I would appeal any overpayment decision. They wrote back to thank me for sending the requested info [?] and that they would take no further action.

If ever anyone is asked to repay money in this situation, remember you have the right of appeal to a [genuinely] independent tribunal. I used to work for the DWP's predecessor and trust me, they are neither omnipotent nor infallible!

sammy1234567

Thank you Ericonabike and everyone else for your v helpful replies.

Can anyone please help me to clarify the AIP issue? I just re-checked all the correspondence I have.

Also, I recently found an old share certificates for a defunct company.

ericonabike

I have just checked my late MIL's records. She claimed PC at about the same time [2003] when she was 74. She was given a five year AIP at the outset. Leaflet INF4 [PC], a copy of which I still hold, states that 'if you are aged 75 and over your AIP may not have an end date".

I would assume that your mother was on an AIP from the date she claimed, and if necessary challenge the DWP to prove otherwise. Remember that it is they who have to prove both that there has been an overpayment and that it is recoverable.

Personally I would not complicate the matter by telling the DWP that you have found an old share certificate. It may well be worthless anyway...

sammy1234567

Thanks v much ericonakbike for your reply. I will follow your advice when dealing with the dwp.
(The share cert I found turned out to be for a company that went insolvent BTW so yes, seems not necessary to mention it as obviously it's worth nothing.)

sammy1234567

I sent a letter to DWP mid March about the AIPs. No reply.

Is it normal to be ignored, or does it mean they are thinking?

ericonabike

Thanks for the update - good to hear back on something like this. I wouldn't place too much money on the delay being due to their being huddled together in endless meetings wondering how to respond. As a rule they are overwhelmed with correspondence and yours is simply in the queue. Just be grateful that you are awaiting a repayment decision, rather than a payment decision...

sammy1234567

Hi all
DWP wrote to say they were not asking for any money and that the case is now closed, as the info provided initially was consistent with later figures at death.
I did not provide any bank statements from 2003; instead I said there were AIPs in place in 2003 and 2008, therefore the house sale proceeds were a change to capital and didn't need reporting.
Thank you so much to all who posted on this thread, I could not have done this without you.