AIP query

Thoughts on this would be appreciated as I’ve not had an AIP-related issue for ages.

Client has recieved PCG for many years. Turned 65 on 5/3/07 and was placed in AIP from 5/3/07-18/3/12. Client started to receive occ pension which was paid wef 5/3/07 (but kicked in some weeks later). In March 2012 Client had HV at which review form was completed (end of his AIP) and has now received decision that he has incurred recoverable overpayment for the whole period on basis he failed to disclose his occ pension. Client is actually adamant that he did report it when he started to recieve it, but even if he didn’t, surely he would have had no duty to do so anyway- or am I missing something obvious?

If his retirement provision was likely to change in the next 12 months, an AIP shouldn’t have been set, but that wouldn’t be his problem UNLESS he had indicated that his financial circumstances were unlikely to change. If he told them that he was due to get a pension, they should not have set an AIP. If he was asked whether he would get any other income on reaching 65 and said no, there could well be a problem for him now.

As usuall, it all depends on what was actually said and done…..

Thanks, Sovietleader- that’s useful. Appeal lodged and will await developments…