Advice for my parents benefits mess up

Glen_Clark

Sorry but they are not the only ones who find it hard to believe HMRC would tell you not to tell the DWP. Not saying it didn't happen, just that its hard to believe. Yes the DWP can see it if they look. But thats like saying an ESA/JSA claimant doesn't have to tell DWP when they get a job because the DWP can see from their tax records. Reality is the DWP probably won't spot it for a few months, will keep paying you, then come after you to recover it when they find out - and it is when, not if, because it will show a red flag on your record when they look at it.

GlasweJen

If she has the date and time of the call she can ask for a recording of it using a subject access request, this would prove one way or the other if HMRC are responsible for giving incorrect advice

teddysmum

I suggest a meeting with your MP,as they have quicker access to departments than the general public.


However, the circumstances do seem odd; a couple living on one person's ESA , one being a carer but not claiming an allowance . (The latter would stop when she reached State Pension age)


A thought: You mention that she called, saying she was a carer. Did they assume that she was claiming Carer's Allowance, which should have stopped when she took her State Pension and are clawing back the overpayment ?


Does she only get £45 pension ?

sportsarb

If he was getting £112.05 a week that means he was reassessed across from IB. That's a rate including a transitional addition. I still don't see how they would arrive at the rate they would now be paying due to the partners state pension other than it being to do with an adult dependency increase. It stops under certain circumstances when the person its paid in respect of claims benefit in their own right.

The award letters are highly confusing and can contain inaccurate and extremely confusing rates that don't actually get paid.

I agree with the person who said to get an MP involved. It doesn't have to be a complaint but their enquiries will be given priority and will usually be accurately answered.

It's impossible to guess what's happened here with any degree of accuracy because it doesn't appear to make sense.

sam3273

Thanks for all your advice, i think your right they should speak to their MP and get it looked into,

He did move over from IB, and she did get carers allowance until she got her pension, but that stopped straight away as soon as her pension kicked in, she only gets a reduced pension due to bringing up her kids (she's my dads wife and not my mum), and she only worked part time, when she went back to work.

I'm sure she said it was £45 per week she was receiving,


She mentioned to the DWP that she has the date and time of the phone calls but the people at the DWP say that they don't record all phone calls and they have no records of them calling on the dates or times that she has proof of.

I know that they went to the CAB today, and were told that they should appeal it, but they have already tried that, and got no where,

so i will tell them tomorrow that they should take it up with their MP, as it sounds like the people at the Pensions place gave them the wrong information and now they are being made to pay for that persons duff information.

thanks for your help.

NeilCr

I must admit to being confused, too

He got told on 16th November. He then did a Mandatory Reconsideration - you usually get 30 days for an MR so he is still within time. Others will know better than me but this would be the first time I've heard of anyone charging for an MR - especially within the 30 days

It sounds to me as though the MR may have been rejected. And, the next step would be an appeal which, I think, is why the CAB suggested this as a course of action. An appeal isn't the same as an MR

teddysmum

I do not understand the £45 pension.


In the early 1970s, when I started work, I thought that the facility for women to claim from their husband's NI contributions, so paying less themselves, was phased out.


I paid full NI, brought up children (sometimes while working and sometimes not) but had credits while my sons were within a certain age range. When not working or when working very short hours, I 'signed on' getting no payment (as my husband worked) but was given NI credits
.
I have a full State Pension, but did lose out on the second pension benefits due few hours limiting pay(and not understanding the system).

Silvertabby

I do not understand the £45 pension.

In the early 1970s, when I started work, I thought that the facility for women to claim from their husband's NI contributions, so paying less themselves, was phased out.

It was only stopped for new claimants - women who had previously opted to pay the 'little' stamp could continue to do so right up until State pension age.

sam3273

not sure about the pension, all i know is that what she said she was getting as she only worked part time,

with regards to the Mandatory Reconsideration, they were told that they had would be charged to proceed with doing a mandatory reconsideration,

obviously they can't afford this, and told the DWP this, so they just told them that they would be taking the amount from their money (i think dad worked it out that he would actually start getting his old age pension and have been getting that for 2 years before they stop taking the money),

doesn't seem right when they said that they "owed" 3-4 months,
i only found out this 3-4 months information yesterday,

just think the whole thing is a complete farce, and he has made copies of all the paperwork, and wrote everything down, and he and his wife are making an appointment to go and see their local MP,

as how can they supposedly owe 3 months but end up paying it back for years???
its just one mess up after another, why don't they just fess up that they made one monumental mistake buy the Pensions department giving out false information in the first place???

nannytone_2

they have understood incorrectly somewhere along the line.
there is no charge for a mandatory reconsideration..

as for the length of time it takes to repay an overpayment ...
yes, it can take years as the DWP are not allowed to cause hardship by taking it back at a high level