well here's one you don't get every day! My client is in receipt of Pension Credit and they have just discovered he has been in receipt of an Overage Infirm Child Allowance of £1 per week since 7/10/74! They are now saying he has been overpaid by £1 per week from the date he started to receive Pension Credit (7/10/03) He was previously in receipt of MIG, Income Support and Supplementary Benefit (memories..)
i have checked with the Veteran's Agency who pay the OICA and they state it is taken into account in assessment for PC. However, this seems to contradict the information on Rightsnet and DWP's own information Centrewhich states that 'War disablement or War widows (including overage infirm allowance) the first £10 would be ignored.
i realise this is not a common benefit enquiry but i have a tribunal next week and would welcome any advice.

does the document here help?:

www.rightsnet.org.uk/pdfs/Pension_Credit_DWP_Nov_2002.doc

apparently the first £10 should be ignored, according to that (albeit it was in 2002) (page 6, i think..)

Over Age Infirm Allowance for children of deceased pensioners unable to support themselves dates back to the 1914 War. The allowance can be awarded or continued beyond the normal age limits on the grounds of infirmity if the ailment is of a nature which is likely to prevent the person from earning a living either permanently or for a prolonged period and infirmity commenced before age 16. The person is still referred to as a child even though they may be quite elderly.

Is it definitely an overpayment and, if so, what was the cause?

thanks for this information. The appeal relates to whether the OAICA should be taken into account as income for Pension Credit. As yet there is no decision on overpayment although the documents clearly suggest he has been overpaid since Pension Credit was awarded.
do you know if there is any regulations which show clearly that it is taken into account?
I actually attended the tribunal on Thursday and the Chairman said he would need to take it away for further information. Unfortunately there was not a PO from DWP there. I would have liked to have heard their view.

PC lists income which is taken into account. All social security benefits are taken into account as prescribed benefits except for those listed in the SPC regs under 15.1.e of the SPC Act.

Over Age Infirm Allowance is not listed as an exception.

... however ...

is it a social security benefit?

It was around well before the 1948 Act and presumably ( this you need to check!) falls under the War Pensions Acts (probably the Naval and Marine Pay and Pensions Act 1865) which means that you'd need to see if it is "any payment made under article 37 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983" (replaced by the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006).

If it is, then it counts, if not then I suspect that it's disregarded.

I don't have a copy of the original order and only some of the amendments, in none of which does "Over Age Infirm Allowance" appear in the lists of amendments, rate changes etc. so I think it might be worth doing a bit of digging.

ps. I should have said that, despite Claire's DWP document, Sch IV of the SPC regs laying down disregards refers only to "widow, widower or surviving civil partner" throughout except in para 12 where it talks about an "increase in pension ...paid in respect of a dependent".