Pension Credit £212 overpayment?

[Surfer01]

Our circumstances have not changed yet we are having a large lump sum for PC paid into our account. Recently we had a visit to our home from the Pension Credit people and they went through a few things with us. I am on Pension Credit and State Pension plus I receive DLA and wife gets PIP plus her state pension.

I phoned to query the rather large amount and was told that this was due to an underpayment for the past 24 weeks however this works out to an underpayment of about £120 a week? By my reckoning it should be about £30 a week or a £120 a month. I am wondering if they took the monthly figure and then times it by the 24 weeks?

I asked the lady again to give us a breakdown on how this figure was deduced and she repeated what she had said earlier and assured me that it was correct.

I asked her to place a note on the file relating to the conversation and she refused stating it would take up too much room. I then asked for a note to be made that I had phoned in and queried the amount and again she refused!

She said for us to go ahead and enjoy the windfall however I am not so sure and have concerns. Should we take her advice and enjoy it or write a letter requesting a breakdown of the amount to cover ourselves? Thanks.

[honeybee13]

Hello there.

 

If it were me, I would write to to query the figure, or at least to confirm your conversation and your interpretation of the figures. That way you should cover your back, and if it turns out to be a windfall you can enjoy it.

 

HB

[estellyn]

are you on middle or high rate care of dla, and does your wife get care element of pip? If so you may not have been being paid the double sdp element you would be entitled to which is around £120 a week.

[Surfer01]

I am on middle rate of care and wife gets care element of PIP, but not mobility. At £120 that sounds about right for 24 weeks?

[estellyn]

Yes, you're entitled to it, so enjoy the windfall - your pension credit should now be £120 ish a week more, also.

 

Do either of you get state pension of more than £62.10 a week?

[Surfer01]

Yes, you're entitled to it, so enjoy the windfall - your pension credit should now be £120 ish a week more, also.

 

Do either of you get state pension of more than £62.10 a week?

my wife gets normal state pension and mine is topped up with pension credit.

[estellyn]

But is either of them more than £62.10? If either of you does have state pension more than £62.10 you can claim carer's allowance for the other (if you don't already claim it), you then get underlying entitlement to ca (no actual carer's allowance) and an additional sum of pension credit of just over £30 a week for each carer's allowance. don't claim if state pension is under £62.10 as you would then lose the severe disability premium you've just received.

[Surfer01]

We only claim carers allowance for myself. When the lady from the pension credit offcie called around she did speak to us about claiming carers allowance for both of us, but I told her I felt uncomfortable about it as it did not feel right and would feel as if we were money grabbers and exploiting the state. I know it is just me and that we are entitled to it. Both state pensions are in excess of £62.10. We both have problems but are not on the higher rate of care at the moment which is why we were surprised when we were labelled as being entitled to the severe disability premium. To us severe disability is confinement to a wheelchair or bed.

[estellyn]

sdp is badly named really, as it is actually a payment taking into account that life is more difficult to manage being a disabled person living alone or two disabled people living together. Not sure what a good alternative name would be though.

 

If your wife claims carer's allowance she wouldn't actually be paid any, so you wouldn't have to worry about exploiting. All that happens is that she gets awarded 'underlying entitlement' and you get an additional amount of pension credit of £34.60 a week.

[Surfer01]

sdp is badly named really, as it is actually a payment taking into account that life is more difficult to manage being a disabled person living alone or two disabled people living together. Not sure what a good alternative name would be though.

 

If your wife claims carer's allowance she wouldn't actually be paid any, so you wouldn't have to worry about exploiting. All that happens is that she gets awarded 'underlying entitlement' and you get an additional amount of pension credit of £34.60 a week.

Thanks Estellyn for putting our minds at ease.

[Surfer01]

In March 2017 we got a letter from the Pension Protection Fund's Assistance Scheme telling us that they would pay my wife £5.15 every month less £1 tax. We had no idea why we were being paid but yesterday found out it was because a pension scheme into which my wife paid had gone into administration.

For some reason I overlooked or forgot to declare this income as I am on pension credit and as a result we have been overpaid about £25.75 for the past 6 months. I never picked it up in my bank statement as it was such a small amount and I never use that account for purchases etc. This was brought to my attention a letter from a compliance officer asking us to pay them a visit.

As it was a genuine mistake I am not too concerned about the visit, but rather than them take £1.18 off every week for the next 6 months, can we ask them to take it in one lump sum or simply just pay it back the 325.75 with a debit card?

[Mr.P]

In my limited experience of alleged overpayments, the debt recovery team will demand payment in full. If an offer of a lump sum repayment is accepted during the compliance visit, ask for it to be put in writing.

 

The DWP may decide to impose an administrative penalty. If they do, insist on a mandatory reconsideration of the charge and try to get it annulled.

[Surfer01]

I have no doubt it was my fault either overlooking it, forgetting about it or simply assuming that it was of not of interest to us as previous to this and since we have had no other communication from the Assistance Scheme. As we already get a payment from the same people, I may have assumed that they were adjusting the amount and then forgot about it. I do not have an issue refunding the £25.75 over payment however never took into consideration that there may be a penalty. We have always been careful about updating the DWP even if it was not necessary.

[tomtom256]

In my limited experience of alleged overpayments, the debt recovery team will demand payment in full. If an offer of a lump sum repayment is accepted during the compliance visit, ask for it to be put in writing.

 

The DWP may decide to impose an administrative penalty. If they do, insist on a mandatory reconsideration of the charge and try to get it annulled.

 

Compliance officers can't offer administration penalties, you may get a civil penalty though, but unlikely.

 

All they are looking at doing is putting the claim right and finding out what happened.