pension credit

[frajon]

Can anyone help,
my friend is in a residential home ,before he sold his property he had £5000.00 in the bank that was his entirety, he is paid pension credit 83.00 and 47.10 i think it is care allowance, plus his oap gives a total weekly pension of app 225.00 pw out of that the council took £500.00 per month for the home,
He has now sold his property it was in a bad state of repair it went for£70,000.00 ,his charges for the home are now £1400.00 per month which he pays his entirety has obviuosly increased,to £65000.00 plus a monthly income from the capital of 120.00 per month,he still has the above pensionof 225.00pw from the dwp,i have informed works& pensions as i have POA in the dealings for this man i have heard nothing from them, they have had all the details of the sale of his property,i dont think he is entitled to pension credit with the amount of capital and income he now has, what i dont want is for him to have a overpayment claim from the pensions people as it would be a task and half to explain it to him.
The house was sold in july and his increased wealth was from then.
am i right with my presumption?
frajon

[redman41]

Someone has to inform 'The Pension Service' of his circumstances i.e His Finances. DWP are entitled to claim back any overpayment made to him, therefore the sooner they are informed the better.

[sara3]

http://www.direct.gov.uk/en/Pensionsandretirementplanning/PensionCredit/DG_180168

you are right in that his benefit should have been reduced, or probably stopped. there will be an overpayment which he will be liable to repay, so it would be sensible to try to get it sorted out properly asap.

[frajon]

thanks for the replies,
I already have informed the dwp ,i have sent them his solicitors final statement showing the cash outcome of the sale,
i also let them no that he is getting monthly interest on his capitlal,they have returned all this correspondence back to me marked checked and returned ,they still continue with the £225.00pw paid to him,i am not eating sour grapes but try to tell a man of 78 the dwp want 3months money back daunts me.
just have to wait and see

[AS1994]

Hi Frajon

I am a Specialist Decision Maker for Pension Credit, I noticed that you mentioned that you have sent documents and had them returned? If that is the case then the date of reciept will be logged at the Pension Centre that you advised, and tho it can sometimes take a while for the paperwork to reach its team, and then be processed in date order, you (your friend) will only be liable for any overpayment that occurs before the date of notification.

It may be that your friend will retain entitlement to Pension Credit but at a reduced rate as the regulations regarding capital do not have an upper limit, but deduct monies from Pension Credit on a sliding scale based on the amount of capital held. Dont worrty about the £47.10 disability benefit, it is either Disability Living Allowance or Attendance Allowance, and as a fully self funding resident in permanent care your friend retains entitlement.

I am happy to advise further so have subscribed to the thread.. just give me a shout

best wishes

Steve

[frajon]

STEVE,
thanks for the reply,your answer has helped alot,as you state it will take time for them to go thro all channels.
As to date he has heard nothing from the dwp so continues to recieve the said pension.
many thanks.