Suspension of Pension Credit

[hensteeth]

I have posted this question before but didn't get a reply - probably because I made it over complicated.

 

The points in question are:

 

1. Guaranteed Pension Credit was awarded from Jan 2010 with an AIP until June 2014.

 

2. All of my income was taken into account including WTC's.

 

3. The GPC payments ceased in Aug 2010 and I received no letters or telephone calls.

 

4. In September 2010, November 2010 & December 2010 the DWP wrote to me telling me that they had heard nothing from the bank re. the mortgage despite me sending in 3 forms MI12's (Nov 2009, March 2010 & Nov 2010. GPC was due irrespective of housing costs!

 

5. In March 2010 the DWP wrote to me telling me that my claim had been terminated due to lack of mortgage information.

 

6. Eventually in June 2011 The DWP wrote to me telling me that the payments had been suspended in Aug 2010 because of some information which the computer had downloaded from HMRC re. the WTC's.

 

7. Letter July 2012 from DWP telling me that it wasn't suspended but 'inhibited'.

 

 

All I want to know is did I have the right to be advised as per the suspension rules in Aug 2010 or before or can the DWP just stop money with no explanation and that I have no appeal rights?

I never received any letters about the loss of the benefit.

Ironically, I still to this day don't know why and the DWP are refusing to tell me what information they had which caused it to stop. The nearest I have got to any explanation is that they only became aware that I was receiving WTC's in Aug 2010, yet have refused to confirm or deny that the letter I received in Jan 2010 showing the award clearly shows WTC's were used as income. There had been no change in the amounts - I checked that with my bank statements.

 

Seems that they called it a suspension then changed their minds.

 

If it is truly a suspension then the DWP should have afforded me the rights under the Suspension Regulations which is what I am fighting for - to get it all re-opened.

[estellyn]

Pension Credit section are tricky buggers. Your best bet is to take all the info, put it in a detailed letter with any photocopies of anything you've sent in (ie copies of claim, forms etc) and see your MP and ask them to contact the DWP. In my experience this wll usually get a response. Make sure on the letter you explain exactly what you want to happen:

 

- A full written explanation of the suspension or 'inhibition.

- In writing, what you need to provide to de-suspend your claim. if this is not possible, then you require a decision that you can appeal.

- A copy of everything they have received in relation to your claim. You may have to do a SAR to get this.

 

You will also want to contact your bank to check that they received and forwarded the MI12 forms, and put any info the bank gives you about dates the forms were sent in the letter.

 

i'm a bit rusty, so there may be other stuff you can do to get things moving, but that's what I can think of at the moment.