No Notification of end of GPC from 2006 & information obtained by viewing CIS ?

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  • #38869
    admin
    Keymaster

    A CTB claimant has been receiving full CTB since 2006 based on her entitlement to GPC. Proof provided was a copy of her GPC entitlement letter. Apart from our yearly award letters we have had no contact from
    the claimant until she recenlty told us she had moved.

    A CIS check was then done, which showed that GPC had never been awarded.The PC confirmed this but could give no details as their records do not go back very far.

    We are now aware she has 2 small private pensions and are able to calculate her actual entitlment from April 11. However what we are not sure about is whether the PS had a responsibility to notify in 2006 & consequently there is no earler from 2006-2011, in which case can our viewing CIS be treated the same as receiving an ETD?

    Or, in view of the yearly notifications giving her income as GPC, should the o/p be claimant error and recoverable?

    #110032
    Kay_Tade
    Participant

    Not quite sure on this but until you receive an ETD it seems to me there is no overpayment, according to the regs anyway, even though you have the info from CIS you have still not been notified directly by The SoS/DWP. Even if you take the view that CIS is a SoS/DWP notification then the overpayment starts from the date you knew of the PCGC revision. That’s my reading of CTBR60+ 51 in conjunction with 59.

    Regulation 59 Duty to notify changes of circumstances

    Regulation 51 Change of circumstances where state pension credit in payment

    Willing to be shown where I have gone wrong though.

    #110036
    admin
    Keymaster

    Thanks Kay, my understanding of the regs also was that we needed to receive an ETD before we could take action, finding the information on CIS was not enough. In this case we will never receive an ETD so the most sensible interpretation would be to take the o/p from the date we viewed CIS.

    We have another case where a claimant was on GPC. In December 09 we were notified that he had gone onto SPC. In April 11 the claimant sent in a copy of a PS letter dated September 10, telling him of a recoverable o/p from Jan 10. He sent this in because he noticed the SPC figure we quoted on our recalc letter was more than he was receiving. We have sent several faxes to the PS and emailed but to date we still have not received an explanantion or an ETD from the PS. Looking on CIS we can see his AIF and SPC has altered considerable back to December 09.

    By following the regs it means we are still unable to corect benefit entitlement even when the error was initially on the part of the claimant, because the PS fail to respond to any communications from us 5 months later.

    This seems most unfair given the normal rules on changes in circs, & I really hope somebody will look at this soon. Although with Universal Credit on the horizon I suppose this is wishfull thinking! Is anybody else having similar problems with communications with the PS?

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