Right, so my client has a £10k HB overpayment for unintentionally not declaring an occu pension - im assuming this is due to increase with the 30% penalty charge... client wants this rather than the prosecution option... elderly couple.. the thought of a criminal record / Mag Courts scares the life out of them...

Im no welfare rights adviser (very much obvious... )

And Im thinking about signposting him onto one to see if they could get this o/p reduced...

In the meantime, I will be writing to the client to ask for further details, as I have realised the following:

1. The HB o/p amount is going back to 2001
2. Client retired, I think in 2003
3. May have been getting wages / 2 x occu pensions before officially retiring

so from that I need to find out

1. Exact date of retirement
2. Date state pension was payable from
3. Date both occu pensions were payable from
4. Full income during the periods between start date of o/p to present


Is there anything im forgetting, before I contact my client again..?

Have just read your other posts on a similar subject.

You have it covered pretty much.

The thing is, the La that has calculated this debt will/should have already done all this in order to calculate the debt.

Details of the income(s) included in the calculations for these periods should have been included in the notifications of the overpayments.

They will already have held the information of all previously declared income in order to calculate and pay the benefit that your clients had at the time.

When further details of income for these periods is declared then an La would normally add it to the other declared income in order to calculate the new entitlements.

They should have notification letters giving the information you want; any other income you discover may increase the debt rather than reduce it.