Income Support to Pension Credit

Large o/p of PC going back to 2003 due to undeclared capital. Client was transferred from IS to PC in 2003 and DM has responded to our appeal by saying the onus is on the client when they “claim” PC to declare capital.  My memory is that claimants were simply transferred over and not required to make a new claim (although it was a long time ago!) PS are saying the last change of circs re capital was in 2000 and so the transfer was made on the basis of the facts they then held. 

Client was then given a 5 year AIP but it does not appear that at the end of it PS requested any further info and so o/p period continued for another year until she went into care home. My understanding is that when AIP ends claim should be reassessed and it is not a requirement that a claimant would provide details of any changes in capital/income which may have occurred during the AIP.
Any ideas gratefully received
thanks

AIPs have tended to be renewed automatically but would stop on going into care.  Has there been an OP decision on IS?

If they had that capital when on Income support then surely it would have affected their IS claim at the time?? Therefore the DWP would have already been aware of it?

Thanks for replies, did from memory last night, now have full facts in front of me.  Client is actually daughter of mother who died last year and PS are recovering o/p from estate.

Mother claimed IS in 2000, moved to PC in 2003.  The move to IS was made on the basis of last declared capital when claiming in 2000.  PS are not attempting to recover any IS only PC and are stating failure to disclose was when making PC claim. It is not clear whether a paper claim was made but I assume not. PS say they have no paperwork on IS claim and I assume that is why they are not pursuing IS o/p.

The AIP ended one year before going into home. The original o/p was over £17,000 and PS have admitted they did not action the change of circs properly when she went into care and so have made most of this non recoverable. (The o/p was so large as they had counted former property as capital from the point she moved into home)

So the remaining o/p is the 5 years AIP and one year after.
So my thoughts were could we argue that when she was moved onto PC that PS should have reassessed her capital then and when AIP ended is the onus on PS to confirm if any change? Surely at the end of AIP it is not up to claimant to get in touch and advise of any changes not reportable during AIP which may affect entitlement.  Advisernet says that PS would reassess at this point.

It’s not exactly the same situation but I had a client last year who Pension Service tried to reclaim large O/P going back to time of transfer from IS/MIG to PC, on the basis of an undeclared non-dependent being in the property and thus my client was awarded SDP incorrectly.

We argued successfully to FtT that there was no evidence of any failure to disclose on the client’s part as she was automatically transferred and had, quite rightly in my opinion, expected that DWP/PS would undertake all necessary checks and pay her the correct amount accordingly. Her son had always lived with her and the fact of his being in the property came to light when he applied to become her appointee. Judge decided in client’s favour without even asking for a hearing, saw the papers and made the decision on that basis, even without having regard to our submission.

I won an appeal recently in a similar case. My client had been transferred from MIG to Pension Credit and, similarly, been hit with a large overpayment. DWP argument was that there was an undeclared Pension. Client had been given a 5 year AIP in 2003, however I discovered that this had been extended and her case was only reviewed in May 2014, hence the discovery of the overpayment.

I argued that the op was offical error as DWP made the transfer and subsequent Pension Credit decision on the basis of what was held on their system. They sent client and INF2 which stated that as she was in an AIP “you do not need to inform us of any changes which may ADVERSELY affect your entitlement to Pension Credit”. So she did as she was told and didn’t! Might be worth a bash.

Peter

Thanks for your responses. Have requested another MR of revised decision today on the basis that DWP have not provided any evidence to show client failed to disclose material fact. Watch this space!