Pensioner 12 month take on period not paid in 2007

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    Amanda JB


    I am dealing with an appeal and noticed that when the claimant first claimed in early 2007 we did not pay any take on period. He had been in receipt of GC since April 2006 but I think this was then overpaid per claimant error (awaiting confirmation) however I don’t think this has any relevance now and we should pay the take on 12 months on correct income as it was official error not to have paid it when the claim was first received. The pensioner would not have known this was incorrect. The only good thing is if we had paid it, there would have been an overpayment once the Gc was revised, but as it he will be due a large U/P.

    Is there any thing I have not thought of. or am i getting this wrong?

    Andy Thurman

    I think you are correct – if the 12 month “take-on period” was not considered at the time of the original assessment, you should do so now.

    If it turns out the GC remains payable from April 2006, you will also need to check whether your HB claim was made in the same month as the PC was claimed – if it was, you need to consider the 12 months prior to GC award date as well!!

    Amanda JB

    Yes, it even more complicated than that.

    He originally claimed on may 2006, however we arranged a home visit to otbain proof of his PC and to ask about his tenancy as it was to his sister, at the visit he asked to withdraw his claim as he said he had over £16K in the bank, so we withdrew, no questiosn asked, it must be said here that he did not advise he was on GC.

    He claimed again in March 2007 and asked if we would backdate to April 2006 when he had GC from, but we did not even consider this.

    On reading between the lines it seems first claim to GC in early 2006 would have been correct but i think he then started to receive a company pension in late April 2006 and got a lump sum payout, I dont think he told PS about this hence a later O/P of PC which PS did not tell us about, this is what I am currently enquring about.

    NB: PS awarded him SC in August 2008 (this must be when they found out about his P/P) the AIF we got did not have his P/P on so it was us who told the PS aout it, in Dec 08 we got an AIF stating no PC now in payment (reason code P) but we did not take any action on this, hence a large HB O/P raised in May 2011, official error. I think this means the SC paid Aug 2008 to Dec 2008 was official error so I am not sure if our o/P for this period is recoverable, as shouldnt we have amended the income following the AIF date and not gone back to August?

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