Good day to all

Following the very supportive exchanges I read today within this forum I straight away joined the forum

With regard to our {Owned} 1st floor flat, it was essential to sell since my physical abilities deteriorated, we fortunately obtained a local council ground floor flat suitable for disabled people, which we had to move to previous to the sale of the 1st floor flat, since if not occupied within a two-week period it would be awarded to a different couple, we forfeited £10.000 to the Inland Revenue since the 1st floor-flat was not classed to be our main residence {On sale since Oct 2010, Sold: May 2011}

On January 2011, the DWP telephoned concerning the selling of the property moreover why I had not informed them of the sale, I certainly did via letter, likewise I keep copies of all my correspondences. They were to forward me a form to complete, all I received being an A4 envelope with a DWP self-addressed envelope, however within being no form of any description to complete

On 11th April 2014, I received yet another telephone call via the DWP on the identical topic, the sale of the 1st floor flat, and “where” did the profit of sale go? I replied informing the DWP of the true situation of all monies we had paid out, allowable payments to our three adult children, our grandchildren, two ISAS, a Life Assurance Policy, refurbishing the new ground-floor flat {it really was bare} etc

On 22nd November 2017 I attended an interview with the local Job Centre with a rather haughty interviewer, in which I explained equal details regarding “where” did the profit of sale go? I informed the interviewer of the “money-trail” as it were

Nevertheless to the main topic:

My Pension Credit ceased on 27th November 2017, this, I considered to be a temporary glitch, furthermore all would soon be resolved, how foolish of me Subsequently on 18th December 2017 I telephoned the necessary DWP Department to be informed the lady had no information as to why the payments were “stopped”

On 19th December 2017 my wife contacted the DWP, my wife was informed that the Pension Credit was, it appears, suspended and was being “sent upstairs” to be dealt with by a Decision Maker

On 31st May 2018 another summons to the local job centre with the same rather smug interviewer, however I maintained a composed demeanour and informed the individual of the circumstances surrounding the 1st floor-flat sale, I mentioned why the Pension Credit Suspended situation, to which there was no detailed answer forthcoming. I received a letter dated 1st June 2018 from this person concerning the 31st May 2018 interview along with a letter explaining the following:

“A doubt has arisen about your continued entitlement to pension credit. This means we are not sure if you should still get your benefit payment and it will stop”...Yet this was dated 6th December 2017, for which he extremely thoughtfully apologised with regard to the “delay” in my receiving it

On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017 furthermore I maintain no trust with the local job centre interviewer, I have without a doubt, an apprehension that the data he will forward to DWP will not include the entire relevant details

I apologise concerning the, in all probability, protracted, rambling post, however I would appreciate assistance

Kind Regards

Skhane

Without any information as to the amount of money received for the sale of your flat it would seem that they are treating you as still holding money in excess of the savings limit to receive Pension Credit.

I can see in your post that you say that you have given children and grandchildren 'the allowable limit' - there might be an allowable limit for income tax purposes but there certainly isn't for Pension Credit.

You also say that you have invested into an ISA and Life Assurance Policy.

Monies in an ISA count towards the amount of capital held - it is also likely that the money you gave to children and grandchildren will also be treated as 'notional income' as if you still have it. I am not sure about a life insurance policy and refurbishing the new flat as any expenditure needs to be reasonable and necessary in order to be accepted.

Your Pension Credit will have been suspended pending a decision to make sure that any overpayment does not continue. If you have an entitlement to state retirement pension that should continue to be paid.

I have attached a link to a fact sheet - see the paragraphs about notional income and deprivation of capital

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf

It sounds like this is being dealt with by a compliance officer?

If so unless all the paperwork like bank statements, sale information etc is/has been provided and all monies accounted for, they will treat it as a deprivation of capital case and treat you as having the money until you prove otherwise. As such they will close the claim from the date of suspension or thereabouts.

I thank you both with regard to the prompt, cooperative responses, I take on board the comment via kk3852:...“there might be an allowable limit for income tax purposes but there certainly isn't for Pension Credit”...

Furthermore I am appreciative for this information; I ought to have delved more into this likelihood, the foremost motive for my posting being within the section wherein I wrote:

Quote

On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017

Unquote

Given that I have no desire to “run out of time” with regard to requesting a Mandatory Reconsideration, this is obviously of significance to me, another item that I presumed was in my favour being that I have in my possession three letters via the DWP dated: 1st February 2016 plus 30th January 2017 in addition to 9th May 2017 wherein is stated:

“Your Assessed Income Period continues from 19 May 2014 to 13 November 2018. This means you do not need to report changes to your pensions, savings or investments unless you think you may get more Pension Credit”

This {I assume logic would dictate}, signifies that prior to 19 May 2014 that I was also entitled to, moreover in receipt of an Assessed Income Period, Not that I consider this “do not need to report changes to your pensions, savings or investments” is licence to utilize via conniving tactics to misrepresent the particulars to my advantage regarding my financial state of affairs

I am certain, yet I mislaid the DWP paperwork that during the period of the flat sale, I was in receipt of Pension Credit Guarantee {hence my subject access request} which indicates that:

“Savings over £16,000 usually mean you will not be able to get Housing Benefit, although this £16,000 limit does not apply if you or a partner get Pension Credit Guarantee.”

The person I spoke to subsequently interviewed by at the local Job Centre signed their forms with their name followed by: “Customer Compliance”

In appreciation

Skhane

Assessed income periods are usually set for 5 year periods.

You say that you first had an AIP from 2014 but that you sold the property in 2011. You say that you reported the profits from the sale of the property and that you were sent a form to complete which was not included in an envelope. Did you ever chase this up ?

Was a decision on your entitlement to PC made at this stage ?

Did the amount of PC you received change after you declared the money from the sale of your property?

You are correct to say that an AIP means that you do not have to report any change in capital but your capital was held prior to the AIP.

“You say that you first had an AIP from 2014 but that you sold the property in 2011”

I mentioned

“another item that I presumed was in my favour being that I have in my possession three letters via the DWP dated:

1st February 2016

plus 30th January 2017 in addition to

9th May 2017 wherein is stated”...

“Your Assessed Income Period continues from 19 May 2014 to 13 November 2018.

This means you do not need to report changes to your pensions, savings or investments unless you think you may get more Pension Credit”

“...This {I assume logic would dictate}, signifies that prior to 19 May 2014 that I was also entitled to, moreover in receipt of an Assessed Income Period...”

.................................................................

“You say that you reported the profits from the sale of the property and that you were sent a form to complete which was not included in an envelope. Did you ever chase this up ?...”

I did not chase this up; I informed DWP regarding the sale of the property nonetheless DWP by no means posed the question of the sale price, after the “empty” envelope of 2011, their subsequent contact regarding the sale of property being in 2014

Likewise unfavourable circumstance occurred with my health similarly within my family that expended all my time and determination {not a pretext} therefore in all honesty, I neglected to follow up

.................................................................

“Was a decision on your entitlement to PC made at this stage ?...”

I received Pension Credit prior to this stage

.................................................................

“Did the amount of PC you received change after you declared the money from the sale of your property ?”

No the Pension Credit remained identical, their interest regarding money via the sale only occurred in April 2014

..................................................

Two items of attention:

{1} as I mentioned prior “I did not chase this up; I informed DWP regarding the sale of the property nonetheless DWP by no means posed the question of the sale price”

{2} “their next contact re the sale of property being in April 2014”...

{1} and {2} led me to believe, may-hap unwisely, they were not overly concerned with regard to my circumstances

.................................................................

“You are correct to say that an AIP means that you do not have to report any change in capital but your capital was held prior to the AIP”

As I mentioned prior:

I mentioned “another item that I presumed was in my favour being that I have in my possession three letters via the DWP dated: 1st February 2016 plus 30th January 2017 in addition to 9th May 2017 wherein is stated”...

“Your Assessed Income Period continues from 19 May 2014 to 13 November 2018. This means you do not need to report changes to your pensions, savings or investments unless you think you may get more Pension Credit”

“...This {I assume logic would dictate}, signifies that prior to 19 May 2014 that I was also entitled to, moreover in receipt of an Assessed Income Period...”

The problem being, as indicated within a previous post, I mislaid more than a few DWP {and more besides} documents during the change of address furthermore I am continuing to gather whatever data I am able to

.................................................................

I fully comprehend that my seeking assistance requires that I present data of a logical time-progression in addition to appropriate information, so that members understand fully the circumstances to permit appropriate advice to be provided

However the burning question, for me at least is, as indicated prior

“the foremost motive for my posting being within the section wherein I wrote”

Quote

On June 4th 2018 I wrote to DWP {and local job centre} requesting a Subject Access and Audit Trail information, nevertheless ought I to, at present, request a Mandatory Reconsideration given that the late letter presented to me mentioning Pension Credit Suspended was dated 6th December 2017”

Unquote

.................................................................

Merely an aside: I wrote:

“I am certain,, yet I mislaid the DWP paperwork that during the period of the flat sale, I was in receipt of Pension Credit Guarantee I now comprehend both my wife and I were born prior to 5th October 1953, this would, I take for granted, indicate I had reached the qualifying age for Pension Guarantee Credit

The sums involved are:

flat sold for £75,000 subsequent to estate agents in addition to solicitors fees it fell to £72,600

afterwards we forfeited another £10,000 to Inland Revenue since the flat was not classed as our main residence.

Hence £62.600 to add to our current account of approximately £2,000.

Bearing in mind the £10,000 allowance, or £16,000 allowance whist in receipt of Pension Credit Guarantee, we are not discussing a vast amount of money, in all honesty

In appreciation as well as thanking you for your time and patience

There is no right of appeal against a suspension of benefit - and therefore no right to ask for a mandatory reconsideration.

I think that your SAR is the correct way to go as this may show that PC were aware of the money from the sale of your property before the AIP was set. If they were not and the AIP was set incorrectly it may mean an overpayment of PC

I was under the impression that a letter is required to state clearly whether I have the right of appeal. If, however, the decision letter states I do not have a right of appeal, and that I consider DWP have made a mistake, moreover I should have the right of appeal, I could send my appeal to HMCTS and obtain a legal ruling as to whether there is a legal right to hear my case.

Nevertheless I appreciate your judgment and thank you with reference to the most accommodating information; I will await the SAR in addition to Audit Trail data to make sure I am not barking up the proverbial wrong tree

In Appreciation

Skhane