Help! Parents told they need to pay back £36K pension overpayment

xylophone

Your father would have had to claim his state pension - according to

http://www.web40571.clarahost.co.uk/archive/saga/2010/20100101Works.htm

a specific claim had to be made for ADI.

See post 4 here https://forums.moneysavingexpert.com/discussion/737075/state-pension-pensioner-supporting-younger-wife&highlight=adult+dependency+increase

You say that your father has kept all his paperwork - presumably this includes all the letters etc from DWP in respect of his state pension?

greenglide

So he claimed by phone using the RP teleclaims service? This is what the BR33 Invitiation to Claim letter he would received would suggest.


As part of the claim process they would have asked about the spouse details and awarded ADI.


The full details of the award would have been sent by post and in those days I believe to had to sign the claim and return it before you actually got any money. The telephone claim now doesn't actually need a dignified.


He would have received an uprating notice every year since and the accompanying information tells you that you must inform DWP of any change of circumstances. A dependant spouse starting work is always going to be a change of circumstances.


The uprating notification sent each year will have shown the ADI being paid (Extra pension for adult dependents or similar) so he cannot claim that "he wasn't aware".

All you can do is supply the information they are asking for and if an overpayment is found neqotiate a payment by installment plan.


An overpayment like this is normally recovered via a reduction to the pension over a potentially long time.

I assume that DWP can obtain earnings details from HMRC if necessary?

my mum has received a pension on top of my step dads pension of around £54 a week.

ADI is paid along with the pension so your mother will not have been "receiving a pension".

Sea_Shell

Do you realise that drop box link gives your name! But at least it's a pretty common one, if that is your real name.

So still fairly anonymous.

watcher27

greenglide wrote: »

So he claimed by phone using the RP teleclaims service? This is what the BR33 Invitiation to Claim letter he would received would suggest.


As part of the claim process they would have asked about the spouse details and awarded ADI.


The full details of the award would have been sent by post and in those days I believe to had to sign the claim and return it before you actually got any money. The telephone claim now doesn't actually need a dignified.


He would have received an uprating notice every year since and the accompanying information tells you that you must inform DWP of any change of circumstances. A dependant spouse starting work is always going to be a change of circumstances.


The uprating notification sent each year will have shown the ADI being paid (Extra pension for adult dependents or similar) so he cannot claim that "he wasn't aware".

All you can do is supply the information they are asking for and if an overpayment is found neqotiate a payment by installment plan.


An overpayment like this is normally recovered via a reduction to the pension over a potentially long time.

I assume that DWP can obtain earnings details from HMRC if necessary?


ADI is paid along with the pension so your mother will not have been "receiving a pension".

Thanks for the info!

Hopefully the financial advisor they are seeing Thursday can help them straighten this out.

My dad is insistent that this was all done over the phone, he's never signed anything etc.

He also didn't claim himself, he was phoned and told he was eligible for this payment.

As for them not being aware, they were aware they were getting the payment, but not really sure why or about notifying the DWP
of changes.

watcher27

Sea_Shell wrote: »

Do you realise that drop box link gives your name! But at least it's a pretty common one, if that is your real name.

So still fairly anonymous.

NO!!! I wasn't aware!

I'm clicking on the link and I cant see my name anywhere?

Zorillo

In afraid it does. It says 'you' shared it with me.

watcher27

Zorillo wrote: »

In afraid it does. It says 'you' shared it with me.

Ahhh ok, I've removed the links now, thanks :beer: