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Pension Credit Overpayment
Everything posted in this thread previously holds true. Appeal. See what the papers say and go from there. Inevitably there will be a speculative element to the initial appeal letter but once you have papers it will be easy enough to revise the precise terms of the appeal.
There’s a very recent case involving a PC migration o/p, CPC/1466/2015, in which the decision to recover was found to be fundamentally flawed. It highlights that the DWP can’t just pick a date that falls within their retained records from which an overpayment is claimed to be recoverable. Their evidence in the appeal response should be able to demonstrate either: when was there a misrepresentation? or, when was there a failure to disclose?
[It also contains one of my favourite UT asides: “the world of social security may, from time to time, resemble a science fiction dystopia ..” ]
Thanks to you both for your input - I have submitted an appeal and will wait to see what comes back. My thinking is that they MUST have bank statements showing the Occ Pen since 2003??
I will keep you all posted with how it goes.
[ Edited: 10 Nov 2015 at 03:46 pm by SKhalid ]Have had many, many cases like this. I would disregard the claimants view of his income. It’s only relevant if he didn’t make a disclosure and even then arguably not so. Starting point is they’re pursuing this over a long period. So, let’s see that claim pack then please. Oh, and all the stuff inbetween too please. And of course we’ll be wanting to make sure that all relevant decisions have been revised accordingly before anyone started pursuing recoverability. And those decisions! They will of course match exactly the claims and renewals in the appeal papers won’t they? There won’t be any odd gaps will there? Like gaps that might just show when the claimant disclosed.
Then there’s the plain simple point of why he would suddenly disclose now and not for all these years. Generally speaking people don’t have a view of their income that suddenly changes unless some information was given to them that changed that view. So, what changed? If nothing did, then non-disclosure at the outset tends to be viewed as highly unlikely by tribunals.
Have had many, many cases like this. I would disregard the claimants view of his income. It’s only relevant if he didn’t make a disclosure and even then arguably not so. Starting point is they’re pursuing this over a long period. So, let’s see that claim pack then please. Oh, and all the stuff inbetween too please. And of course we’ll be wanting to make sure that all relevant decisions have been revised accordingly before anyone started pursuing recoverability. And those decisions! They will of course match exactly the claims and renewals in the appeal papers won’t they? There won’t be any odd gaps will there? Like gaps that might just show when the claimant disclosed.
Then there’s the plain simple point of why he would suddenly disclose now and not for all these years. Generally speaking people don’t have a view of their income that suddenly changes unless some information was given to them that changed that view. So, what changed? If nothing did, then non-disclosure at the outset tends to be viewed as highly unlikely by tribunals.
Very well thought answer. agree 100%.
[ Edited: 10 Nov 2015 at 03:50 pm by SKhalid ]I have a client who I am currently assisting with PC OP of approx £500+. It goes back to 2005 but OP is small as his annuity every year is very small amount. He states he has has this annuity paid to him for ‘40 odd yrs’. He had a home visit from PC rep when they noted that his annuity was not down on their system. He gets very little PC savings credit and the OP is being recovered from his SP.
He states he always had this annuity and thought they always knew about it. However, when I questioned him about whether it was declared in his intial PC claim from 2005, he is not too sure. He has been on sickness benefit before going on PC.
I was not too sure whether he ought to challange this or not as he does not know himself what he wants to do. However, now reading some of the comments on here I think I should atleast pursue and assist him with an appeal just to see what case DWP/PS have against him in the papers. Plus his inital PC OP letter referred to ‘an increase’ in his annuity. There has not been any increase in his annuity so this has made me think I should atleast look into this further.
Any views on this please.