Change frpm Guarantee to Savings Credit

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  • #20379
    Simon Wilde
    Participant

    Any help on scenario below would be appreciated.

    Pensioner in receipt of Guarantee Credit. His entitlement ended April 2005 when he became 65. Neither the Pension Serivice or the customer told us of the change. We found out when the April 2006 uprating ETD was received indicating he was in receipt of Savings Credit.

    Should we recalcualte from April 2005 or from when we were informed?

    #2868
    markp
    Participant

    I think you should make a superseding decision, ending Guarantee Credit and starting Savings Credit from April 2005, calculating net OP’s.

    Whether you could make them non – recoverable due to DWP error I will leave to you – I know I would seriously consider that option – after all the claimant is still receiving Pension Credit of one sort or another so would it be reasonable to expect them to report a change of circumstances.

    Hope this helps.

    Do I know what I'm doing? The jury's out on that........................

    #2869
    Anonymous
    Guest

    In Bradford wee would definitely recalculate from April. We would probably decide not to recover but treat as DWP error as stated above.

    #2870
    Darren Tompkins
    Participant

    A related question: What would you do if the customer was on an AIF which we were intially notified of via RAT or customer’s letter rather than an ETD. We did not receive an 05 up-rate (presumably because the PS did not have the HB indicated set).

    Is this LA error as we should have either asked the PS to put the HB indicator on to ensure future ETD’s or chased this oursleves when the up-rate was not received or is it DWP error as the DWP did not send a ETD?

    If DWP error do we need them to admit this before we can clasify it as such?

    #2871
    Anonymous
    Guest

    We currently advise that in a case like this which can often occur following an intervention, that the change to PCSC should be keyed from the Monday following notification by the Pension Service.

    Depending on the delay code on the ETD we would decide whether it had been claimant or official error. If it shows claimant error then of course we would go back to the Monday of the week PC changed, but if official error that caused the delay in notifying we would key from Monday following notification.

    Obviously this is different to the others that posted in. Can anyone tell me if there is some guidance on COC for pension credit cases that i am missing?

    😳

    #2872
    Anonymous
    Guest

    Lynn is spot on.

    [b:e121fbe62f]There is no overpayment [/b:e121fbe62f]when a change in the amount of pension credit leads to a reduction in HB, unless the DWP tells you that PC has also reduced and that the claimant delayed in reporting a change of circumstance to them.

    Look at HB Reg 68B (it’s still February so that’s the right Reg) – see paras (3)(b) and (2)(b). It’s not even a matter of putting down the o/p to DWP official error – THERE ISN’T ANY O/P TO CLASSIFY IN THE FIRST PLACE.

    The effective date of the change in circumstance is the Monday after the DWP informs you – unless the claimant error exception applies in which case see para (3)(a). But it’s the DWP’s call – if they haven’t told you it was claimant error, don’t even bother to calculate an overpayment.

    Same goes for Darren.

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