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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Pension Credit Overpayment

mccaigl
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Welfare Rigths Officer, Cadder Housing Association

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Total Posts: 2

Joined: 12 November 2013

Hey a bit of advice please - I have a hefty pension credit overpayment which is under dispute via mandatory reconsideration - however pension credit have started recovery from tenant, can they do this even though we have disputed this ?  Many thanks.

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Joined: 28 June 2010

Recovery usually commences when the one month time-limit to challenge has passed. However I think section 7.9 (c) of The Overpayment Recovery Guide provides that “Where the debtor has disputed the overpayment decision…” they should suspend recovery action until the dispute is dealt with and so you should ask them to suspend until MR/appeal completed.

mccaigl
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Welfare Rigths Officer, Cadder Housing Association

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Total Posts: 2

Joined: 12 November 2013

Many thanks for your prompt reply - this is exactly what I thought but when i called them they said I would need to request another mandatory reconsideration of their decision to recover. Bizarre..

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Total Posts: 427

Joined: 28 June 2010

You cannot make it up!!!