Always seek advice before repaying the DWP a Pension Credit Overpayment
In this case we succeeded in saving our client over £35,000.
Mr A had been claiming pension credits since 2003. In February 2013 the DWP wrote to him and asked about his household. Mr A wrote back and told them that he lived with his wife of over 50 years.
In October 2013 Mr A received a letter informing him that he had not previously declared that he was married or that his wife received a pension. The letter said that as the DWP had treated Mr A as a single person he had been paid too much pension credit. The letter demanded that he repay over £35,000. Mr Adams appealed against the overpayment but the decision was upheld.
When the matter was sent to the tribunal Mr A came to Moss & Co to help him prepare the case. We identified that the DWP had no evidence that Mr A had ever told anything but the truth. The DWP did not have any of Mr A’s claim forms or any documentation proving that he had failed to declare that he was married. We made representations on behalf of Mr A that he should not have to repay the debt if he had provided all of the correct information when asked for. We submitted on our client’s behalf that the mistake was made by the DWP and that our client was not aware that he had received too much pension over the years.
The appeal was successful and it was confirmed that Mr A did not have to pay the money back. If then overpayment was the DWP’s mistake it is likely that they will not be able to claim the overpayment back. Always seek advice.