Reply To: Diminution of capital with AIF

#286116
pbirks
Participant

b ut surely the DWP wont update the capital regularly enough for their figures to be useful to do a diminuation calc.

Also hard to see howe customer would know they were being overpais – did your notification letters state ” you have capital of £37k” on them?

Customer may well have thought ” well im on pensioncredit and council are still paying me, so it must be ok”

I think youd need actual capital figures to do the calc.

But think its more than likely going to be a waste of time ….. if customer appeals, how are you going to explain to a judge that you didnt have any mechanism / capacity for checking the ATLAS details for over 3 years but still think its reasonable the customer would be aware they were being overpaid?