Hope someone can help. Client in receipt of pension credit for two years now. Occupational pension was due to be paid 18 months ago but organisation due to pay her occupational pension didn't process and pay until December 06. They started paying pension and "back-dated" what they owed her. She forwarded copy of the statement and letter, within the week, to pension credit and yesterday she received letter from Debt Recovery requesting money they had "overpaid" her. We rang Pension credit to find out reason and they advised reason is fact her occupational pension was "backdated." They advised her they will "send case to specialist decision maker." Can anyone help? We're talking over £1,000 they want back. Should I complete a GL24 regardless of whether gone to a specialist decision maker and , if so, what should I say? She hasn't misrepresented any material facts - at the time of her claim and when they were paying her she didn't have the o/pension.
Grateful for any help.

the SoS does have the power to recover overpaid pension credit where the overpayment arises due to late payment of prescribed income, under section 74(1) of the Admin Act, and it's not dependent on any fault on the part of the claimant. see also regs 7 & 8 of Payments on Account etc.

the overpayment is basically the difference between the pension credit actually paid, and the amount of pc which would have been paid, if the prescribed income had been paid at the correct time.
the legislation leaves little room for argument in principle, but the calculation of the overpayments is a bit technical in terms of dates and mistakes about dates and rates are common.

it's a bit worrying that DWP will refer to a decision-maker _after_ sending the o/p decision, or did i miss something... : )

i would have expected your client's PC to reduce in December on receipt of the notification. if a section 74 overpayment decision includes any period after the date occ pen arrears were paid (other than days of that benefit week) the decision is wrong.

as it's pension credit, there's also the possibility of savings credit entitlement in the earlier period, just to give it an added twist... : )

Is there no possibiltiy they had an Assessed Income Period in place?

Thanks for your help JJ and Billmcc. I will check calculation. Unfortunately she is not 65 so there is no assessed income period or savings credit. Re the "sending case to a specialist decision maker" I will need to check out myself as there was no formal decision just the invoice from debt recovery. This seems to be happening more and more up here - no formal decision letter just invoice from debt recovery to the client and we end up ringing round the departments to find out reasons.
Thanks again for your help.
May

Could you not argue that this was a capital payment rather than weekly income backdated.

Check letter re overpayment states she has appeal rights - if she does I would put letter in. Gorunds for appeal would be that she declared all income and you could also put in that backdated payment should not be treated as income but as a capital payment. Not sure if this fits in with the regs but worth a try.

You could also try speaking to the 'specialist decision maker' making that point.

Hi Derek,

Thanks for your reply - I did just that - I thought worth a try also - I stated she declared all income, notified every change in circs straight away. Added receive no "formal decision" with detailed reasons etc just bill! Just have to wait and see.
With regard to case being sent to "specialist decison maker" they denied all knowledge of ever saying this to client and when client advised advisers name was Vicky they told her there are over 400 people in this department! So appeal has gone in!