Moral Issue

[GypsyGSD]

a elderly couple are being paid a little to much money under £40 to top up there pensions they have told all relevant departments concerned they are not entitled to this and all checked paper work shows they have never claimed for it but the powers that be insists this is right and keep making payments they are not well off how can they stop these payments or do they say OK if that's what your saying we will except the extra money

[sandyRoe]

They could well be entitled to the money. If they phoned here maybe they could help.

http://www.pensionsadvisoryservice.org.uk/

[Cloverjo]

The powers that be might one day suddenly realise their mistake and ask for the money back. This could be tough on the couple if they don't have a lot already. I would advise them to not spend it, but again this is tough if they don't have much. I think they should write to the head of the department asking once and for all if they are entitled to this money and are they ok to use it. They should keep all copies of correspondence. If then they do have to pay it back, a nominal weekly sum "should" be accepted.

[GypsyGSD]

Thank you for quick reply all they can think of is they claimed guaranteed pension credit a few years ago and this has not been taken of the system I will advice them to write to all concerned

[murraymints]

if they have brought it to the attention of those paying out and have been told it is theirs ..then it is very very unlikely to be recovered if it is their fault..I used to write of hundreds of thousands of pounds for benefits that had been paid out mistakenly due to staff error..keep proof of having notified them of their perceived error..and spend the money !

[venator]

They can get a statement showing their entitlement here

https://www.gov.uk/government/publications/application-for-a-state-pension-statement

This will be proof of their entitlement. I bet one of them was in SERPS!

[Peter Pedant]

They should make one written voluntary declaration
( but it has to be clear )
and then leave it

I did this for a neighbour ( he signed it ) in Dec and it was August before we got a really badly phrased letter saying there had been an overpayment without any calculation of £2251.56 and they were gonna knock it off current payments at £200 a month. And yup the final deduction was £51.56 eleven months later

we wrote a few letters - including a request for a statement of reasons and got no answer and he took a philosophical view of 'look I did say I was being overpaid so I cant really be surprised that they are clawing it back'

[Peter Pedant]

// mistakenly due to staff error.// MM

yeah but this may not be due to staff error

alto I agree that I have invited the social to write off losses since it was their admitted fault and they agreed. ( admitted it for Housing ben and then tried to claw it back on another )

[EDDIE51]

Pension credit tops up your income to about £224 a week for a couple. This applies to any income including other pensions private or state. It is even more if one or both are disabled.

[EDDIE51]

^^ Pension credit is the most underclaimed benefit with as many as 1 in 3 of those entitled to it not claiming it! Once you claim it you get it for life or until your other income is higher than the Pension credit rate.

[Peter Pedant]

// until your other income is higher than the Pension credit rate.//

yeah that is what happened - his income went up

anyway thx Edd

[GypsyGSD]

Again thank you for replys I have looked at the paperwork they have received and the benefits are housing benefit and council tax reduction it says based on there claim of pension credit they have no income from pension credit but did do a few years ago but that was stopped they also can recall telling pension credit a while ago to stop payment as the wife's state pension had began they believed this had been done the new mix up began when they moved house and put in a new claim for housing benefit they will phone tomorrow to stop payment but they do admit the little extra help would help them sort out a few bills etc

[Peter Pedant]

phone call is hopeless

they have to write - and you can help - I do a lot of this TBH as about 50% of the locals dont or cant write

[Peter Pedant]

re read your answer

with the benefits you describe it is quite possible they are entitled to it
it is commonplace for those with HBD ( =LHA ) and council tax benefit to get letters urging them to apply for pension credit

so go thro their papers and make sure they really HAVE no entitiement before they 'fess up even telephonically

[EDDIE51]

As I said Pension credit DOES NOT stop when you get state pension, it will be amended to take the state pension into account. You get 100% housing and council tax credit if you qualify for even £1 a week Pension credit.
If their only income is pension ( state , pension credit or private) they are almost certainly due some housing and council tax credit.
The best way to sort this out is to go to their local CAB and ask for a benefit check. It is free and the CAB are very skilled at getting it sorted out. They can use special direct phone lines that are not available to the public .