Pension Credit Demand for Overpayment Yet Will Not Respond

CatMomma

Pollycat said:

So that helpful link raises the questions:

why are you being asked to pay this money back at this time?

why are 'DWP' threatening to force repayment of the £1700?

The link says DWP can recover money that has been overpaid by taking it from your benefits - for pension credit it is a maximum of £11.25 a week (or £29.60 a week where the overpayment was due to fraud or you have agreed to a civil penalty - which I don't think is the case for you as you state DWP claim you've been overpaid Pension Credit and you believe they are wrong).

So are you still in receipt of pension credit?

If you are, why aren't DWP recovering the money from the benefits they are still paying you (at a maximum of £11.25 per week) if they are so sure you have been overpaid?

Not sure why you thought the DWP are not asking for payments, because they are, and nobody yet has contradicted the letter they sent or told me I don't need to pay. I will only arrange a repayment (through benefits or whatever, weekly) AFTER I have asked them to reconsider their decision, not before - because their information is wrong. THAT is what I am trying to do without any success so far. They are supposed to contact me but they are not doing so.

My worry is that the four weeks will pass by without any contact (despite me asking twice for a reconsideration) and then - as their letter states - they will start to take the money regardless, up to 40 percent of it at least. There is no appeal against that decision. So, THAT is why I am desperately trying to contact them and talk to them about their mistakes BEFORE that happens.

The article you mentioned says "Contact the benefit office using the contact details on your decision letter and ask for a written explanation for the decision." Well that would have been possible IF the letter had included an address, but it did not. I have found various addresses, but so far have not had any luck writing to them.

calcotti

I don’t know where your 40% has come from.

If they do start recovery their own guide is clear that this should be at a rate of £11.25/week from your ongoing benefit.
https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide/benefit-overpayment-recovery-guide#chapter-5--how-do-we-recover

A higher rate of £30 should only be applied if there has been fraud.

Also read chapter 4 of the above document which deals with dispute mechanisms.

Alice_Holt

You will find the Pension Service address here:
 https://www.gov.uk/find-pension-centre

tick the Enquire about existing PC claim, and enter your postcode. 
 
1) Do as was suggested at the start of your thread and contact your MP, enclosing a copy of the letter. 
Or have you done this?

2) Make a complaint about the DWP lack of response, and ask for a full breakdown of the overpayment - https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure#how-to-complain-about-service-from-the-department-for-work-and-pensions-dwp

3)  If genuine, the letter should ( I would have thought ) included information about your appeal rights against the overpayment decision.  Challenge it by requesting a mandatory reconsideration of the decision. An MR can be lodged on the phone (but I would write to the Wolverhampton address and put it in writing), keep a copy and cc your MP.

https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/pension-credit/pension-credit-appeals/challenging-a-pension-credit-decision-mandatory-reconsideration/

You may have an address for the Pension Service from your PC award letters?


Don't expect a quick response from the DWP to your letters.
As has been stated, if recovery starts before you are able to resolve the issue then the recovery should be at a rate of £11.25/week from your ongoing benefit.


Edit: I see you were given the PS link at the start of the thread.
 

gbhxu

CatMomma said:

Pollycat said:

So that helpful link raises the questions:

why are you being asked to pay this money back at this time?

why are 'DWP' threatening to force repayment of the £1700?

The link says DWP can recover money that has been overpaid by taking it from your benefits - for pension credit it is a maximum of £11.25 a week (or £29.60 a week where the overpayment was due to fraud or you have agreed to a civil penalty - which I don't think is the case for you as you state DWP claim you've been overpaid Pension Credit and you believe they are wrong).

So are you still in receipt of pension credit?

If you are, why aren't DWP recovering the money from the benefits they are still paying you (at a maximum of £11.25 per week) if they are so sure you have been overpaid?

Not sure why you thought the DWP are not asking for payments, because they are, and nobody yet has contradicted the letter they sent or told me I don't need to pay. I will only arrange a repayment (through benefits or whatever, weekly) AFTER I have asked them to reconsider their decision, not before - because their information is wrong. THAT is what I am trying to do without any success so far. They are supposed to contact me but they are not doing so.

My worry is that the four weeks will pass by without any contact (despite me asking twice for a reconsideration) and then - as their letter states - they will start to take the money regardless, up to 40 percent of it at least. There is no appeal against that decision. So, THAT is why I am desperately trying to contact them and talk to them about their mistakes BEFORE that happens.

The article you mentioned says "Contact the benefit office using the contact details on your decision letter and ask for a written explanation for the decision." Well that would have been possible IF the letter had included an address, but it did not. I have found various addresses, but so far have not had any luck writing to them.

I wouldn't stop there. I'd go all the way to taking it to the tribunal stage before offering to repay.

I managed to get a demand for over £13500 of Pension Credit overpayment overturned at the tribunal stage for my Father. 

Alice_Holt

gbhxu said:

CatMomma said:

Pollycat said:

So that helpful link raises the questions:

why are you being asked to pay this money back at this time?

why are 'DWP' threatening to force repayment of the £1700?

The link says DWP can recover money that has been overpaid by taking it from your benefits - for pension credit it is a maximum of £11.25 a week (or £29.60 a week where the overpayment was due to fraud or you have agreed to a civil penalty - which I don't think is the case for you as you state DWP claim you've been overpaid Pension Credit and you believe they are wrong).

So are you still in receipt of pension credit?

If you are, why aren't DWP recovering the money from the benefits they are still paying you (at a maximum of £11.25 per week) if they are so sure you have been overpaid?

Not sure why you thought the DWP are not asking for payments, because they are, and nobody yet has contradicted the letter they sent or told me I don't need to pay. I will only arrange a repayment (through benefits or whatever, weekly) AFTER I have asked them to reconsider their decision, not before - because their information is wrong. THAT is what I am trying to do without any success so far. They are supposed to contact me but they are not doing so.

My worry is that the four weeks will pass by without any contact (despite me asking twice for a reconsideration) and then - as their letter states - they will start to take the money regardless, up to 40 percent of it at least. There is no appeal against that decision. So, THAT is why I am desperately trying to contact them and talk to them about their mistakes BEFORE that happens.

The article you mentioned says "Contact the benefit office using the contact details on your decision letter and ask for a written explanation for the decision." Well that would have been possible IF the letter had included an address, but it did not. I have found various addresses, but so far have not had any luck writing to them.

I wouldn't stop there. I'd go all the way to taking it to the tribunal stage before offering to repay.

    To get to tribunal stage, the OP needs to first request a mandatory reconsideration from the DWP of their decision.

     OP - have you done this?
             

Pollycat

sheramber said:

Assuming the letter is genuine and not a scam

Scam was my first thought.

OP doesn't believe it is a scam.

CatMomma said:

Pollycat said:

So that helpful link raises the questions:

why are you being asked to pay this money back at this time?

why are 'DWP' threatening to force repayment of the £1700?

The link says DWP can recover money that has been overpaid by taking it from your benefits - for pension credit it is a maximum of £11.25 a week (or £29.60 a week where the overpayment was due to fraud or you have agreed to a civil penalty - which I don't think is the case for you as you state DWP claim you've been overpaid Pension Credit and you believe they are wrong).

So are you still in receipt of pension credit?

If you are, why aren't DWP recovering the money from the benefits they are still paying you (at a maximum of £11.25 per week) if they are so sure you have been overpaid?

Not sure why you thought the DWP are not asking for payments, because they are, and nobody yet has contradicted the letter they sent or told me I don't need to pay. I will only arrange a repayment (through benefits or whatever, weekly) AFTER I have asked them to reconsider their decision, not before - because their information is wrong. THAT is what I am trying to do without any success so far. They are supposed to contact me but they are not doing so.

My worry is that the four weeks will pass by without any contact (despite me asking twice for a reconsideration) and then - as their letter states - they will start to take the money regardless, up to 40 percent of it at least. There is no appeal against that decision. So, THAT is why I am desperately trying to contact them and talk to them about their mistakes BEFORE that happens.

The article you mentioned says "Contact the benefit office using the contact details on your decision letter and ask for a written explanation for the decision." Well that would have been possible IF the letter had included an address, but it did not. I have found various addresses, but so far have not had any luck writing to them.

I thought that based on this post:

sheramber said:

According to this https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/How-is-an-overpayment-recovered

DWP are not asking people to repay overpayments.

As I pointed out on page 1 and calcotti has reiterated, the maximum you should be paying back is £11.25 per week (or £29.60 a week where the overpayment was due to fraud or you have agreed to a civil penalty - which I don't think is the case for you as you state DWP claim you've been overpaid Pension Credit and you believe they are wrong).

So - as calcotti has asked - where do you get the 40% from?

calcotti

Obviously the actual percentage of the PC award that could be recovered at £11.25/week will depend on the size of the actual award.

I think the turn2us statement that overpayments are not being recovered may be out of date. I thought recovery had recommenced (but may be wrong).

poppy12345

calcotti said:

I think the turn2us statement that overpayments are not being recovered may be out of date. I thought recovery had recommenced (but may be wrong).

Loan repayments started back sometime last year. (several months ago)  The reason i know this is because i had 1 small payment left of a loan and they sent a letter to me telling me i needed to start paying it back. Not sure about recovery of overpaymentsbut i would have thought it would be the same as loan repayments.

CatMomma

Update: I have contacted whatever addresses I can find online, and sent my documentation; also I have phoned them and each time was told they would ask for an MR and that i would be contacted "within five days" but nothing has happened and nobody has contacted me.

Today I received two letters, one from Debt Management and the other confirming it from Pension Credit (same "helpline" number I used before to no effect) detailing how they are taking the money from my Pension Credit from now until 2024 at the rate of £11 odd per week.

They have not clarified their reasons for the overpayment, nor have they reconsidered it, and their letter says I cannot appeal against a decision for overpayment.

It looks like they have me over their barrel and I can't stop them robbing me of this money, even though it's because of THEIR OWN mistake. What else can I do to tell them, and make them notice??

I have just emailed my local MP in the hopes I can get some help. I am now ill because of all the worry and stress. I wish I could sue them!

CatMomma

So - as calcotti has asked - where do you get the 40% from?

The 40 percent [the letter says] is what they automatically take if you "ignore this letter". Clearly I haven't ignored them, but they way things are going, it might LOOK as if I have. Who knows. At this point I don't trust anything they say or do.