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Top Pension Credit topic #986

Subject: "Arrears of benefits" First topic | Last topic
GAD
                              

Welfare Rights Officer, Welfare Rights Service,Lancashire County Council
Member since
15th Dec 2004

Arrears of benefits
Tue 03-Jul-07 01:22 PM

I would be grateful if anyone could provide a possible solution to this conundrum?

Man aged 63 moves into a supported tenancy 2 - 3 years ago. His weekly benefits (on current rates) are approx: IB - £97.23; DLA - £60.25; Pension Credit - £70.27. No AIP obviously. For some reason he has not received any IB or DLA since moving in and just been living off his PC. Sounds like this cock-up is to do with the Pension Service being asked to pay all 3 benefits and not doing so.

DWP have now realised the cock-up and are due to pay him about £25,000 in backdated IB and DLA (not sure if this figure may also include compensation). There will be no offset because his Pension Credit award assumed he was being paid IB. The arrears of DLA can be ignored for a year but IB is not a 'specified' benefit and I am racking my brains to see how this could be disregarded as capital and losing him some of his Pension Credit. I may be missing something glaringly obvious but am stumped. Is there anything to prevent DWP double-counting this money (as backdated income and capital)? Those specified benefits that are disregarded seem to be ones that wouldn't count as income themselves anyway unlike IB.

The only solution we can think of is to claim extra compensation to account for the Pension Credit loss that will result.

  

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Replies to this topic

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Arrears of benefits
Tue 03-Jul-07 04:43 PM

What kind of accomodation was he in before moving into supported accommodation? Was support provided by the landlord or on behalf of the landlord by an outside agency? What was in the tenancy agreement about the support to be provided, for example, was there anything about assistance claiming benefits? If an outside agency was involved did they have a contract with the landliord? I'm just trying to establish whether he may have a claim against the landlord or an outside agency for his loss.

When we worked on the Transitional Housing Benefit scheme the potential for loss of benefit was real unless there was someone involved with sufficient welfare benefit experience to co-ordinate it all and get things sorted early on.

Where landlords, support providers and social services were left to their own devices things could often get missed due to lack of co-ordination, lack of knowledge etc.

  

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