Terms & Conditions

[Anonymous]

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Are other LA’s creating recoverable overpayments for Pension Age claimants when there is a delay in actioning a Savings credit award notification fromt he Pension Service.

My example is:

The Pension Service advise our LA of the Savings Credit award and the AIF on 17/11/03. Obviously the awards are from 06/10/2003. We do not action this notification until 15/12/03 – 3 weeks later.
My questions are:
1. Do we create an overpayment from 06/10/2003 or adjust the claimant’s income by adding in the Savings Credit award from paid up to date and do not create an overpayment?
2. Do we adjust the income an add the Savings Credit figure from 06/10/2003 creating an overpayment and classing the resulting overpayment as DWP error. And is this overpayment non recoverable?
3. Do we adjust the income and add the Savings Credit figure from 06/10/2003 and then split the resulting overpayment from 06/10/2003 to 17/11/2003 as DSS error(non recoverable) and then from 17/11/2003 LA error (for late actioning)And is this recoverable?

HELP pleeeeeease
Yours
Jayne .

[Anonymous]

In your example the AIf and savings credit amount should be included from the date you are notified from the Pension Service the 17/11/03. Any delay in actioning the change is LA error, from 17/11/03 to 15/12/03. You would then have to decide whether it is reasonable to expect the claimant to have been aware that they were being overpaid benefit. I would look at each individual case and it would depend on the claimants age, health, any othe known circs and whether the AIF was lower or higher than the income previously used in the calculation. The regs are 68B and I would presume the award results in less Hb, because of the o/p and suggest you look at 68B(5)(i)

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