Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what processes are in place to protect people with diminishing cognitive capacity from accruing arrears when they have failed to offer updates of any changes to their circumstances that may affect their entitlement to pension credits.
Claimants are responsible for the information they provide to the Department. If there is any doubt as to the person’s cognitive capacity at the point that information is, or should be supplied, the Department can, if it is appropriate, initiate its appointeeship process. This involves the Secretary of State appointing a third party to act for the claimant in managing their benefit affairs. Where this happens the claimant themselves is no longer responsible for the accuracy of any information subsequently provided to the Department.
If an appointment is made, any advantageous changes which have not been reported will be considered and potentially could be paid from the date of the change. If the change is disadvantageous and there has been an overpayment of benefit, it can be recovered – the appointeeship will not act retrospectively to preclude this being done.