INF4(PC) leaflet

I don’t keep copies of the different prints of various leaflets, but I would look at it a different way. Has the DWP produced evidence showing why the claimant was under a duty to disclose (R(A) 2/06)? If pursuing MR or appeal, I would insist on the DWP producing clear proof that particular leaflets were issued, together with copies of those leaflets in print at that time.

In a case I had last week, the Pensions Service submission detailed why the INF4(PC) meant that the client was under a duty to disclose, yet the “proof” of issue of that leaflet showed that not only had the initial award notification been “inhibited”, but later change of circumstances notifications (with which INF4 leaflets are usually issued) were “blocked”

Thanks, yes, that’s the way I am going with it. We’re just at the stage of applying to tribunal, and I was trying to figure out in advance what we’re up against (re B..). DWP have merely asserted that INF4s were issued throughout.

I should have specified: this case is about overpaid PC. The sdp wrongly remained in place after AA was found to have been overpaid and stopped following a change in funding. I have a feeling I am missing something here, but I hope there’s nothing intrinsically wrong with arguing against recoverability along the lines of: the material fact is loss of entitlement to AA payments; you can’t fail to disclose that, if you weren’t aware that AA should have ceased but hasn’t. Awareness of the change in funding is neither here nor there, as its link to PC is remote (right?)

I have an INF 4(PC) from the appeal case I had yesterday, the overpayment was for the period January 2014 to November 2014, but the INF4 (PC) included as an example of what was sent is print 04/09 (i.e. April 2009).

I can fax or email a copy of that. It doesn’t seem to have anything remotely close to a change in funding mentioned anywhere and I would agree with you, the notifiable change was the stopping of AA

Brian JB - 20 March 2015 02:20 PM

I have an INF 4(PC) from the appeal case I had yesterday, the overpayment was for the period January 2014 to November 2014, but the INF4 (PC) included as an example of what was sent is print 04/09 (i.e. April 2009).

I can fax or email a copy of that. It doesn’t seem to have anything remotely close to a change in funding mentioned anywhere and I would agree with you, the notifiable change was the stopping of AA

If it’s no trouble, our fax or email are at:
http://www.citizensadvice.org.uk/bureau_detail?serialnumber=100713
(for the attention of Jon)

Thanks very much Brian.

Jon

Just sent it by email

Regards

Brian

Brian JB - 20 March 2015 02:20 PM

I have an INF 4(PC) from the appeal case I had yesterday, the overpayment was for the period January 2014 to November 2014, but the INF4 (PC) included as an example of what was sent is print 04/09 (i.e. April 2009).

I can fax or email a copy of that. It doesn’t seem to have anything remotely close to a change in funding mentioned anywhere and I would agree with you, the notifiable change was the stopping of AA

Any chance of posting that INF4(PC) up on here Brian? I need a copy too and the date is bang on.

Many thanks :)

Brian’s INF4(PC) is attached.

I thought my case would have involved a later version of the leaflet, but TPS have included exactly the same leaflet in the appeal papers.

Great, thank you very much!

I have an overpayment of pension credit appeal where DWP are relied on issue of INF(PC) leaflet to client as basis for recovery from client. The overpayment period stretches from 2007 to 2014. The DWP have now accepted that the first year or so of overpayment was due to official error and not therefore recoverable. However from 2008 onwards they say failure to disclose a material fact by the client allows them to recover. The material fact is that the client failed to disclose an annual rise in her part-time wages. The clients wages rose by approx 30p to 50p a week each year. I am trying to construct an argument that any recovery should be limited to that attributable to what was failed to disclose. That is the 30p to 50p a week increase. (The client has never said she was not working). The DWP are going for all pension credit paid to client, minus the £5 disregard. I would apprieciate any advice guidance on this issue.

Was there an AIP?

at this stage I don’t know. But would an AIP be of relevance as the overpayment is associated with earnings?

Cheers