Could I have advice on appealing a Pension Credit overpayment? Its regarding an elderly man aged 85 who has received a bill for £1400 overpaid Pension Credit. The O-P occurred because his partner moved in making their joint pensions too high for PC. However, they phoned the DWP many times and even had a visitor call, yet the DWP took over 6 months to stop the PC payments. Should he have known he had been overpaid or could he argue that it is not recoverable, as it was administrative error? His partner is 70 and neither of them really understand how benefits work.

Gentleman contacted PS when his partner moved in, querying whether the change in circumstances, ie, the increase in overall income would have an effect of his PC award. He was not (I assume) aware of the limits or applicable amounts.

He has a visit from Local PS VO, who takes all details, and submits them to the Pension Centre. They in their wisdom fail to recalculate the claim etc, and they original award continues.

Elderly gentleman assumes that VO has informed Pension centre, they have looked at his claim and taken no action - therefore he must be receiving the correct amount. I do not see an arguement that that he should have known he was being overpaid as he had done all the right things - in the absence of any change in his award does he not assume they they knew, far better than he, what they were doing?

Straight forward arguement therefore - official error - having be made aware of the change by one of their own VO's they failed to act..

Thank you for your reply.

Also, unlike HB, whether he knew he was being overpaid is not relevant for recovery under section 71 of the Admin Act. The DWP have to prove, on the balance of probabilities, that he failed to disclose or misrepresented a material fact to the issuing office or an agent of that office. If they cannot then no section 71 recovery possible.

That's very helpful and thank you. I hadn't realised that the rules for housing benefit and pension credit overpayments were so different

If they do decide that recovery under s.71 isn't possible then they still may try and get the money back under the Common Law. This is at best a dubious practice, have a look at Tony Bowman's thread in 'other benefit issues'entitled Debt Centre Recovery.

Thank you - I read an article on recovery but I hadn't seen the really helpful discussion on this board until you reminded me.

Here is a link to the 'Debt Centre' thread that pc has highlighted -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=108&topic_id=2660&mesg_id=2660&page=

If your clients do get a common law recovery letter (i.e. DWP say despite it being caused by official error they want the money back) we find it is usually enough to ring the Debt Management Centre and tell them that they can't and won't be repaying the money (you don't even have to argue the 'can't' bit). That tends to be the end of the matter. We were told that this is all that is needed at the liaison meetings we attend with Debt Management Centres and it has worked for us every time. I can't see DWP trying to argue misrepresentation or failure to disclose on the facts as you have outlined (at least not successfully).

DWP are under a lot of political pressure to recover as much overpaid benefit as possible and a lot of people who get these letters don't get advice and do cough up. Any overpaid benefit they do recover in this way is a bonus for them. Don't know if anyone else has similar experiences.

Don't know what has happened with the CPAG JR.

Good news - glad to read the last postings

But there may be bad news ahead - Are they claiming housing benefit /council tax benefit.

As you know if they have been overpaid pension credit there may be a housing benefit and council tax benefit overpayment letter on its way.