There is no doubt they have the power to do so.
I was asked to be present by some old codger - because I am feisty and when I see a govt official my first reflex is to kick him.
and the pension credit lady was a trifle hesitant on her own identification - outsourced it turned out - came out with, the first sentence
I am here to tell you you have been overpaid £500 and how are you gonna re-pay it ?
I coughed and said we have had no chance to make representations to anyone at all on any overpayment -how do we appeal ?
and she said O nothing to do with me.....
and try the appeals address (no you are the first person we have seen)
O this should have been done before (yes I agree, how do we do it ? esp as we havent been given notice)
and a little later, non declaration of private pension - it says here
so I said can I see that bit of paper ? and she said "no its mine."
so I said does it have John Smith's name on it ? (yes)
then it is his data and he has a right to see it. (no)
That bit of paper - does it have an identifier so I can claim it later ? (No)
So she said OK back to payment - how ya gonna do it ?
Oh are you gonna appeal - I have to 'fill in the box' (why)
and that was because otherwise they would start taking the money immediately and so we said we were appealing- and they still started to take the money anyway.
So we appealed on the grounds that the pension had in fact been declared but not acted upon as a result of an office mistake on their part.
( which housing benefit had said had occurred and they wouldnt be claiming it back) coupled with a data subject access request
so yeah be careful
take notes and sharpen your pencil
be prepared for surprises
so this was every old b+gga's nightmare
we idly wondered if there had been an office c+ck-up that they were trying to solve before it got to a tribunal.....