The client has been living in England since 1983, she needed a National Insurance number to work but could not obtain one officially as she had no stay or leave to remain in the UK. She was provided details of a third person to use who had left the UK and she then started to work continually from 1983 using these details. After contacting an immigration Solicitor and applying for stay on the basis of residence she was granted leave to remain in January 2007. She was then issued with National Insurance number in her own right.

Since she is 65 she made applications for Pension Credit and State Retirement Pension. The Pension Service have not assessed her claim for SRP as they require more evidence of the work she undertook under the assumed identity as there is no way to link her to this as many of the companies she worked for have since long closed down. Cl completed mainly part time work as a cleaner so the amount of actual NIC’s paid may not be too high.

PC are stating that without her SRP that they are unwilling to pay any money to her as they do not want an overpayment of PC to occur.

So cl is left with no income and I am a little stuck as to what can be done next for cl.

“PC are stating that without her SRP that they are unwilling to pay any money to her as they do not want an overpayment of PC to occur”. They’re having a laugh aren’t they? Entitlement to PC is based on a person’s income in any given week. They must process the PC claim and if she fulfils the conditions of entitlement then they must pay her. No ifs, no buts!

Second, their actions are potentially discriminatory to women. A man and a woman in exactly the same situation as your client and both aged 60. He gets PC, she doesn’t.

As an aside, wasn’t there any illegality to her working using a third person’s credentials? If so, then this might muddy the waters somewhat.

Thanks Paul,

Yes there is 'muddy waters' as noted she worked in an assumed identity hence the reference to third persons details this is what they seem to be saying, which i can in a way understand

if we pay PC now of £119.05 and the SRP is sorted and paid back from her 65th birthday, as it should be, then any SRP which is paid and which should be deducted from PC when assessed would create an overpayment

it is very difficult to advise this cl as i get the feeling that she is still not being frank about the whole thing and i must say that i get the feeling from the PC compliance officer that there is more to this as well

but i do agree with what yuo have said that they should make a decision either way

thanks