I am wondering about claimants who were automatically changed onto Pension Credit from Income Support in October 2003 and did not have to make a new claim.

Is the burden of proof on the client to ensure that all details are correct or on the DWP to ensure this?

My client, an elderly man with dementia had failed to mention that he had taken out a mortgage in 2002 and could therefore claim Housing Costs. Due to his condition he does not understand the benefit system and was never advised to apply although his son believes he had multiple benefit checks by the DWP.

He has now (2008) applied for Housing Costs and had this awarded, but backdating has been refused. Would it be possible to have this backdated under the general Pension Credit backdating rules or is it correct that the burden is on him and he never declared the ‘change of circumstances’ within 13 months so has therefore lost any entitlement to backdating?

Did he have housing costs prior to the mortage being taken out?
Were they being met by HB or IS?
Is it the same property he has the mortgage on or did he move address?
I assume he did not report the change to the IS team?
Did he have dementia when he claimed IS?
Does he have an appointee? Does he need one? When did he become unable to act, if that is the case?

He was having his housing costs met by HB, so they have capped it at the same amount.

It is the same property, a right to buy home.

He did not notify IS when he took out the mortgage, he has only told Pension Credit recently and so has been awarded Housing Costs now, but no backdating.

He had dementia when he was transfered onto PC, but not when he first applied for IS. He did have dementia before he took out the mortgage.

He never had an appointee, a family member now acts on his behalf, but is not legally appointed.

Hi again,
It seems to be a basic failure to report a change of circs.
It is a claimants responsibility to ensure the correct facts are known and reported to DWP.
Obviously if the chap had "dementia" it maybe explains why he failed to report the change, but I don't think there is much that can be done.

The only way forward would be if the DWP/DSS has had knowledge of the change but did not pursue the matter, but how could that be proved, even if it was the case.

Was he receiving HB during the period? Has the LA determined an OP? If they stopped HB, then they presumably knew he'd bought the house (as you'd expect under right to buy). Were they passing any possibly relevant data to the DWP that should have alerted them? I think some LAs have been doing things that count, such as data matching or pilots for data sharing.

I'll look into that, thanks. I have requested all of the information relating to this claim to be sent to me, but as expected, it is taking a while, so I haven't been able to see what the DWP knew about the sale of the property.

Bump...

I need to wake this up as I could do with hearing the answer... I've an o/p that may have subsisted when cl migrated to PC although they've provided very little info so far.

What was the procedure... Did you get anywhere Mr Advisor?

It's listed for hearing tomorrow, although i'm hoping it'll be adjourned so if you spot this tonight or tomorrow morn please reply ASAP... I can pad it out later.

i'm a bit puzzled as to how he had capacity to buy a house and take out a mortgage if he had dementia at that time, which seems to be implied ...he had no capacity, one must think...

John - am I reading this right? When did the dementia start? You imply he was well when he first claiimed IS but had dementia by the time he took out the mortgage. Are you saying he took out the mortgage while on income support, which is BIIIIIIGG trouble - or is the sequence of events more complicated than that?

Hi Dan,

Unfortunately in my case the DWP had no records of any benefit checks or any knowledge of the mortgage until they were notified in 2008, so he didnt get any backdating.

In the decision notice it refers to rebuttal evidence from the DWP showing that they had searched the relevant file and had not been able to find any evidence of being notified of the mortgage.

Hopefully you have more evidence than I did, as the judge did state that he has sympathy for the claimant, but without any evidence he couldn't award any backdating.

Good Luck!