Application of Assessed Income Period

I have a client who was given an assessed income period, from his 65th birthday on 18-09-11, for five years.

On 26-11-11 he was awarded a NHS pension he was unaware of, this was effective from his 60th birthday i.e. 18-09-11.

During the AIP the NHS pension would not affect Pension Credit

However, how would this apply as the pension awarded was retrospectively i.e. the pension awarded during period of the AIP but applies prior to the AIP?

Client has a substantial overpayment so any ideas would be helpful

Appeal submitted, let’s see what they come back with.

“....this was effective from his 60th birthday i.e. 18-09-11”.

Do you mean 18/9/06? 

Yes, sorry it was backdated 5 years

So what’s the overpayment period and the recovery ground?

Surely if he had an NHS pension due, there would have been a contracted out deduction on his RP which would have indicated to the DWP that there was a pension he could claim?
Have they failed to act on information they had access to?

annief, the NHS pension relates to work the client did in the 60’s so not sure if that would have been contratced out or not. But it is certainly something I will raise, so thank you for that.

Nevip,

The period of the overpayment is from his 60th birthday, as the pension was backdated. The overpayment is recoverable based on income being paid late i.e. assessed for the period that it relates to.

roecab - 06 March 2014 10:21 AM

Nevip,

The overpayment is recoverable based on income being paid late i.e. assessed for the period that it relates to.

That’s not a ground for recovery. Failure to disclose that he could have been entitled to a pension might be.

Interesting as they say he failed to disclose but he didnt he told them when he got it they then say we have to go back five years, they are treating it as late income, which I thought they could do?

Is it not s.74 of the SSAA 1992?

The DWP have responded.

It is stated that the client is liable to the overpayment, as he would have been under a duty to diclose as no AIP was set.

The DM says that no AIP was ever set as Regulation 10(1)(c)(ii) applied, which is to say that the client didnt provide sufficient information, to determine retirement provision in the the next 12 months on the client reaching 65.

Does anyone think that opinion is wrong, and if so why. We have now also been given a hearing date.