Backdaated chagne to PC Award

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    Joanne Ross

    I have a claimant whose pension credit includes an amount for Severe Disablement benefit. In some instances back to April 2008 this income has been used in the AIF figure and some it hasn’t, even though it shows as part of their income, but with a nil value. I have cehcekd all the details on CIS and tried to find out from the Pension Service whey this may have happended, but to no avail.

    I don’t feel this is an error on the behalf of the customer, but rather to do with the CIS & legacy systems used.

    The customer moved in December 2010 and this is when we picked up the discrepancy and amended the amount of PC used in the benefit calculation and created an overpayment.

    The customer has appealed the decision, but I have so far been unable to get Pensions to confirm it is their error and so could write off as DWP Error. I also don’t feel it it the customers error either.

    Can I revised the decision back and create an underpayment or should I write it off? Is there any thing in th regs that would help me.

    Thanks for any input – I’m new at appeals and just finding my way :~

    Kevin D

    The order of questions, in broad terms, is this:

    1) is there an overpayment? Is so,

    2) has the o/p been correctly assessed? If so,

    3) was the o/p caused by an error on the part of the LA, or the DWP, or HMRC? If “no”, then the o/p is recover[u]able[/u], irrespective of any other consideration, moral or otherwise. If “yes”,

    4) the recoverability of the overpayment depends on
    a) whether the clmt contributed to the cause of the o/p; OR
    b) whether the clmt could reasonably have been expected to realise there was an overpayment at EITHER the time of the payment(s ) OR at the time of any notice relating to the payment(s ).

    If, after applying the above tests, the overpayment is recover[u]able[/u], then the LA has discretion about recover[u]y[/u]. Only in the latter case does the LA have a choice about “writing off” an overpayment. If the o/p is irrecoverable, there can be no recovery in any case, so the LA doesn’t get a choice about a “write off”.

    The main HB regs (working age) relevant to the query are 99, 100, 101.

    Andy Thurman

    [quote=Joanne Ross]I have so far been unable to get Pensions to confirm it is their error and so could write off as DWP Error. [/quote]

    If the evidence you hold shows it is their error (certainly looks that way from what you’ve posted – difficult to see what else it is), you don’t need their admission!

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