Pension Credit overpayment

landylad

My mother has been contacted by DWP regarding Pension Credit. I havnt had anything to do with my mothers money in the past but now she's 91 and suffers full blown Dementia I have to deal with her day to day finances. DWP say that she didn't declare a private pension when she applied for pension credit, I have no way of knowing if that's correct because I wasn't involved in her applying for the benefit in fact I didn't really know anything about it other than seeing it on a recent letter from DWP. I'm almost 100% sure that my mother couldn't have completed the application form for pension credit without help, she would have been 73 at the time. The pension in question shows up on my mothers notice of tax code each year so HMRC are aware of the pension in question. I know they are different departments but both use her National insurance number. 

So now I'm being asked lots of questions regarding my mothers finances, I'm being asked to supply documents from her pension companies and copies of DWP letters in her possession. This isn't easy because she doesn't like me going through her stuff and more often than not she doesn't know who I am. 

We are looking at 19 years of over payment if DWP are correct - that's a lot of money! It's falling on me as power of attorney to try to sort this mess,  it's doubtful I can get copies of application form because is so long ago- I have no way of finding out if it's a DWP error or my mothers error but I'm sure they will still want the money repaid. Today I've discovered that they have stopped paying her pension, she hasn't received money for 3 weeks. How am I supposed to pay her bills buy her food and pay her carers? How is a house bound 91 year old with chronic arthritis, heart failure, Kidney failure and Dementia (plus other things) supposed to live while DWP investigate. How can I challenge any of this stuff when I can't get evidence from DWP? 

I am 69 and retired, my wife doesn't work so we live on small fixed income. 

calcotti

You do an SAR to get all the information DWP hold in connection with the claim.
https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

In the meantime all you can do is provide what information you can.

They can stop any further Pension Credit while they investigate but I don't think they have the right to stop her State Pension although they could make deductions from it these should not, to the best of my knowledge, exceed one third of the pension.

landylad

Thanks for that info. I will apply for her info from the Link you shared.  

I am giving DWP anything I can find to support my mother but getting  information from them hasn't been very successful up to now. We thought they could stop the extra pension payments (£68 a week) until there was a final decision on the possible overpayment but they haven't paid her anything for 3 weeks. 
 Only noticed this today when attempting to pay her care bill so I am chasing this right now. 

HillStreetBlues

Do you know if she would still have got PC (albeit a smaller amount) with the private pension included?

sheramber

The application for pension credit could have been done over the phone.

Robbie64

My advice would be to make an appointment with Citizens Advice or something similar to seek help and advice. Given the amount that could be involved, the length of time that an overpyament may have existed and other complexities, it's a lot to take on by yourself.

landylad

Robbie64 said:

My advice would be to make an appointment with Citizens Advice or something similar to seek help and advice. Given the amount that could be involved, the length of time that an overpyament may have existed and other complexities, it's a lot to take on by yourself.

Thank you, yes I realise it's too bIg and complex for me to deal with. It's mind blowing. 

Weeks of worry and sleepless nights and it's not going to be sorted any time soon. Making phone calls and sending emails about this situation is embarrassing and uncomfortable. DWP expect me to contact pension companies and get detailed information about when pensions started, cash lump sums etc.
I wouldn't wish this on anyone! 

landylad

HillStreetBlues said:

Do you know if she would still have got PC (albeit a smaller amount) with the private pension included?

From what the first officer said she should not have been paid Pension Credit at all. Can't understand how DWP didn't notice though, there must have been discrepancies in HMRC earnings figures and DWP figures for 19 years. 

landylad

sheramber said:

The application for pension credit could have been done over the phone.

Didn't even think of that ! Officer said there was a big push to encourage people to claim in 2003/2004. Knowing my mother I couldn't imagine she would have been able to answer questions off the top of her head about money, pensions etc because she struggled with literacy in general. 

HillStreetBlues

landylad said:

From what the first officer said she should not have been paid Pension Credit at all. Can't understand how DWP didn't notice though, there must have been discrepancies in HMRC earnings figures and DWP figures for 19 years. 

You will also need to look at Council tax.  As (i believe) any PC gives full Council Tax reduction. 
So if your mother hasn't been paying CT  due to having PC and  no PC should have been paid, there will be an overpayment there as well.

landylad

Yes I have informed council tax that pension credit has stopped although she is classed as severely mentally impaired  so I have to wait and see what they come back with.