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Pension credit overpayment
- davida
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2 years 10 months ago #269530 by davida
Pension credit overpayment was created by davida
I applied for PC about 10 months ago and explained I had 2 private pensions which I am not taking.There procedure is to assess my claim as if I was taking them, under the nominal amount system.They have been paying me since day one disregarding these nominal amounts.I told them on the original claim form about these pensions,and telephoned them 3 times to try and get the correct payments,to no avail.I have sent them a letter explaining everything to which they sent me a form to send to my pension provider which they filled in and sent back to them.Still they send me too much,every 2 weeks..About a month ago I contacted CAB and they told me to ask for an MRI which I did explaining why they should give me one as I consider it special circumstances.Still nothing and they continue to pay me the full amount even giving me a rise due to the increase in PC.I am at my witt's end and do not know what to do next.I am thinking about contacting my MP .I have all the money saved. sorry long-winded thanks
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- LL26
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2 years 10 months ago #269544 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pension credit overpayment
Hi davida,
Have CAB confirmed that you are definitely being overpaid? Have they done calculations?
I presume that you have kept records of when you phoned DWP and what was sent, likewise with the letter. If you have correctly informed DWP of all your savings/income, (together with details of partner's savings/income, -if you have a partner.)-then you shouldn't need to worry.
If DWP have made a mistake ('official error') in calculating the amount of PC when they have all the correct information, then you can argue you do not have to repay the overpayment. (All overpayments under Universal Credit must be repaid, but the rules are different for Pension Credit.) However even if you don't need to repay you can still do so.
At present I can't see that you can do anything more. If you have fully disclosed everything, and have notified DWP on several occasions thst you believe your money is wrong you have complied with the law, and no fault should be attached to you. I feel all you can do is wait until DWP sorts this out. What did CAB say? Maybe they will try and contact DWP on your behalf?
I'm afraid I can't offer anymore help.
LL26
Have CAB confirmed that you are definitely being overpaid? Have they done calculations?
I presume that you have kept records of when you phoned DWP and what was sent, likewise with the letter. If you have correctly informed DWP of all your savings/income, (together with details of partner's savings/income, -if you have a partner.)-then you shouldn't need to worry.
If DWP have made a mistake ('official error') in calculating the amount of PC when they have all the correct information, then you can argue you do not have to repay the overpayment. (All overpayments under Universal Credit must be repaid, but the rules are different for Pension Credit.) However even if you don't need to repay you can still do so.
At present I can't see that you can do anything more. If you have fully disclosed everything, and have notified DWP on several occasions thst you believe your money is wrong you have complied with the law, and no fault should be attached to you. I feel all you can do is wait until DWP sorts this out. What did CAB say? Maybe they will try and contact DWP on your behalf?
I'm afraid I can't offer anymore help.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- davida
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2 years 10 months ago #269562 by davida
Replied by davida on topic Pension credit overpayment
Hello Thanks for informative reply.CAB have not done a calculation, but I have and I can tell by the reward letter they have not taken these pensions into account. It is clearly obvious. I do have the dates I phoned them and also copies of letters and MR application on which I told them everything (again). On two occasions I phoned them they said they had my correspondence on file and the dates I phoned them.As I said they even sent me a form for my pension provider to complete, which I checked they had received and they have a record of sending it back to DWP. CAB said they maybe would do a three way call with them to sort it but they eventually came down on going the MR route. My concern is I am hearing nothing, not even a refusal of an MR just nothing at all. Thanks
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- LL26
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2 years 10 months ago #269579 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pension credit overpayment
Hi davida,
It does take a very long time for all manner of decisions including overpayment ones. I suggest you keep phoning, and ask when a decision will be made. If you have disclosed everything, there should be no problem.
LL26
It does take a very long time for all manner of decisions including overpayment ones. I suggest you keep phoning, and ask when a decision will be made. If you have disclosed everything, there should be no problem.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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