Pension Credit calculated by DWP wrong

brenda_3

The DWP have calculated our Pension Credit wrongly by stating a small pension is paid weekly when it is paid monthly.  I have appealed to DWP but they have ignored my letter explaining the mistake with proof and they are still intending to take the overpayment back and I cannot appeal again to this decision.

Bimbly

I think you might get better help on the benefits board:

https://forums.moneysavingexpert.com/categories/benefits-tax-credits

brenda_3

The DWP have calculated our Pension Credit wrongly by stating a small pension is paid weekly when it is paid monthly.  I have appealed to DWP but they have ignored my letter explaining the mistake with proof and they are still intending to take the overpayment back and I cannot appeal again to this decision.

calcotti

Do you mean you have requested a Mandatory Reconsideration and it has come back with the same decision?
If so you will still have a right of appeal to the tribunal service, those rights should be set out in the Mandatory Reconsideration Notice.

poppy12345

When they do the calculations because Pension Credit is paid weekly and your Pension is paid monthly they need to work out exactly how much that pension is as a weekly payment. Therefore they multiple the monthly payment by 12 and then divide it by 52 to get the weekly amount. Is this what they did? If so then that's correct.

calcotti

poppy12345 said:

When they do the calculations because Pension Credit is paid weekly and your Pension is paid monthly they need to work out exactly how much that pension is as a weekly payment. ..

OP appears to be saying that DWP have taken the monthly amount as a weekly amount.

brenda_3 said:

.. stating a small pension is paid weekly when it is paid monthly. 

poppy12345

Ah yes, thanks calcotti i misread that.

brenda_3

Thanks guys ...  Yes pension paid monthly and all the paperwork from DWP state its paid weekly.   I thought it best to write to them and I think I explained the position but they seem to have ignored my letter and we had a letter a couple of days ago, not mentioning our letter explaining their mistake, and saying their decision still stands and I can't appeal.  I am 79 and not particularly good with communicating by phone but can still handle a basic PC lol .. any ideas please.  

calcotti

brenda_3 said:

Thanks guys ...  Yes pension paid monthly and all the paperwork from DWP state its paid weekly.   I thought it best to write to them and I think I explained the position but they seem to have ignored my letter and we had a letter a couple of days ago, not mentioning our letter explaining their mistake, and saying their decision still stands and I can't appeal.  I am 79 and not particularly good with communicating by phone but can still handle a basic PC lol .. any ideas please.  

How long is it since you wrote? It's possible they have looked at it again without having received your letter which has to be processed through a mail handling centre before being put on the system.

I am puzzled why the letter says you have no appeal rights. If you disagree with a decision you should be able to request a Mandatory Reconsideration.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/challenging-a-benefit-decision-mandatory-reconsideration/

You challenge would be very simply
In calculating my Pension Credit entitlement you have deducted £xxx/week for the private pension I receive from vvvvvv. This is incorrect. The amount of £xxx is the amount I receive monthly as shown on the attached (bank statements/letters or whatever). Please review your calculation.

brenda_3

I wrote the appeal letter 2 weeks ago and got a lettter from DWP, which didnot mention the reason why I was  appealling, last Saturday. I think as you say it may not have got in the system yet so I'll wait another day or two. thanks for your interest.

Alice_Holt

Copy your MP into the correspondence, and ask them to intervene with PC to help you resolve the issue.


"they are still intending to take the overpayment back and I cannot appeal again to this decision."
I'm puzzled by this, could you explain a bit more.

Are the DWP - 
i)  recovering money from you because they have incorrectly calculated your PC, and now say there has been an overpayment?

ii) Still continuing to pay you less PC because of their error in the calculation of your private pension ?


If i) what reasons are they giving you re "I cannot appeal again to this decision".  What period does the overpayment cover?  Have you had a Mandatory Reconsideration Notice from them?

If ii) then do a separate (and additional) mandatory reconsideration request asking them to look again at your current (and ongoing) PC award, because it is incorrectly calculated and the decision of the payment amount is wrong.  Use calcotti's wording above.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

You may wish to see if your local advice charity has the capacity to help you:
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/