Old reconsideration in client’s favour, not implemented

Client on PC, living with a relative. In 2007, Pension Service found out that she owned a second property which could not be disregarded, so they counted her as owning the gross value. She put in an appeal. I don’t know the grounds, but I have the DM’s reconsideration in her favour. It says client should now be entitled to PC “at the appropriate rate”, as there had been an official error - they had not knocked off 10% sale costs, and records indicated there were 2 mortgages to take account of. Client apparently failed when asked by appeals to supply the evidence of these. The DM suggests a home visit to gather evidence of mortgage, rental income from the house, dates when she might have lived there herself, etc. Client is vague on whether this happened.

Despite this, the Pension Service tell me that no revision seems to have been made. As far as I can gather they have kept deducting an amount for the same gross capital, up until they discovered the client lost the property in bankruptcy a year or so later.

I would guess there was also an overpayment created in 2007, but I can’t tell if one has ever been recovered. The Pension Service could only tell me that nothing is owing now at least.

Client has not been forthcoming to me with any of the info that the pension service wanted, but she believes she has been underpaid. Should I advise that she just provide the mortgage evidence now, if she has it, sending it in “further to the revision” made in her favour? Might she need to request an any time revision (I’m not sure of what)? Complain? (I’m not sure how far her own non-cooperation has contributed). Is it correct that they could continue to use the old capital figure to work out tariff income, given that it had been deemed an official error but was apparently the only one available?

Thanks Tony. My client says a request was in a while ago, waiting for the answer. But from what PC have told me over the phone, it’s fairly clear that a DM directed that information be obtained so that tariff income be recalculated, but this just never happened. If I can at least see what attempts were made to obtain the information, I may have something to go on. I don’t think the client can do anything at all without now supplying details of the encumbrances.