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Top Housing Benefit & Council Tax Benefit topic #4011

Subject: "pension credit overpayment recovery from pension" First topic | Last topic
johnny
                              

money adviser, keynote housing association, birmingham
Member since
23rd Jun 2005

pension credit overpayment recovery from pension
Thu 19-Oct-06 10:17 AM

ive just met a client who has large pension credit overpayment due to failure to inform of capital he had.

his PC ended and the overpayment is being recovered from his state pension at £34pw and will take 10 years ish to clear

my question is (and its a bit of a long shot)should HB use his full state pension amount or the reduced amount in calculating his income?

i'm aware that with WTC if there's an overpayment being recovered from entitlement, the reduced figure is used, is it the same for PC?

thanks

  

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Replies to this topic
RE: pension credit overpayment recovery from pension, Kevin D, 19th Oct 2006, #1
RE: pension credit overpayment recovery from pension, johnny, 19th Oct 2006, #2

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: pension credit overpayment recovery from pension
Thu 19-Oct-06 10:26 AM

Based on the info given, it will be the GROSS SRP that counts for HB/CTB purposes.

So, SRP of £90.00 will be taken into account; even if only £60.00 is being paid as a result of £30.00 being used to pay back an overpayment of another benefit.

Tax Credits are dealt with differently because there is a deeming provision as to how that income should be treated (although, as an aside, there are potential arguments as to whether that provision has the effect it is intended to).

Regards

  

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johnny
                              

money adviser, keynote housing association, birmingham
Member since
23rd Jun 2005

RE: pension credit overpayment recovery from pension
Thu 19-Oct-06 10:43 AM

i thought that may be the case, but i was hoping perhaps i was mistaken

thanks for the prompt reply, much appreciated

  

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Top Housing Benefit & Council Tax Benefit topic #4011First topic | Last topic