ESA/War Pension eligibilty

Dave wrote:

pete17971 wrote:

Nik wrote:

Thanks for the reply Pete
Im at 40% rate
So Basically because is was injured during my service My war pension is now classed as income which now losses my right to ESA making me £400 a month worse off,
Great news fight for your country get injured and get shafted by IDS!
government!

Hi Nik,

If you are currently in receipt of IB, that is contributory. On migration, provided you pass the WCA, you would either go into the support group (where as best as we know your contributory payments would continue) or WRAG group. If you are placed in the WRAG group your ESA should be classed as contributory for 1 year (again as far as we know). Only after a year would it become Income Related.

However do you claim War Pensioners Allowance for Lowered Standard of Occupation (ALSO)? and more importantly if you do, did you claim it before or after April 2009?.

Pete

it would have to be pre 2009 for ALSO I thought they had got rid it it in 2009

Hi Dave,

No, ALSO still exists and will indefinitely as far as we know. What changed in April 2009 was the rules regarding overlapping benefits with ALSO. However if one was claiming ALSO at any rate prior to April 2009, then the overlap with certain benefits doesn't apply.

Pete

pete17971 wrote:

Dave wrote:

pete17971 wrote:

Nik wrote:

Thanks for the reply Pete
Im at 40% rate
So Basically because is was injured during my service My war pension is now classed as income which now losses my right to ESA making me £400 a month worse off,
Great news fight for your country get injured and get shafted by IDS!
government!

Hi Nik,

If you are currently in receipt of IB, that is contributory. On migration, provided you pass the WCA, you would either go into the support group (where as best as we know your contributory payments would continue) or WRAG group. If you are placed in the WRAG group your ESA should be classed as contributory for 1 year (again as far as we know). Only after a year would it become Income Related.

However do you claim War Pensioners Allowance for Lowered Standard of Occupation (ALSO)? and more importantly if you do, did you claim it before or after April 2009?.

Pete

it would have to be pre 2009 for ALSO I thought they had got rid it it in 2009

Hi Dave,

No, ALSO still exists and will indefinitely as far as we know. What changed in April 2009 was the rules regarding overlapping benefits with ALSO. However if one was claiming ALSO at any rate prior to April 2009, then the overlap with certain benefits doesn't apply.

Pete

ahh get you I applied for that as I then had IB and could have the pair back then, but they said I could have unemply supp whch mean hey sopped mos of my B bu no he "serps" penson

Nik wrote:

Pete
I have been on Incapacity benefit since 1995

I have brain damage with multiple complications backed up with countless neurotoxicology reports
Which i believe puts me in the support group(although i know is hard to get into)

And yes i do claim the Allowance for Lowered Standard of Occupation which hence looking at the big picture makes me now ineligible for ESA ?

Please correct me if i am wrong if im put into the Support group upon migration do i qualify for ESA ?
Sorry Pete i cannot get my head around all these new rules

Thank you Nik

Hi Nik,

Hopefully (although we cannot say for definite) you may get into the support group. If so, then subject to any further reviews the DWP may drop on you, hopefully that's where you will stay amd you will be able to claim ESA indeifinitely as it will be contributory.

However we cannot rule out the fact you maybe put into the Work Related Activity Group (WRAG). If so, my advice would be to appeal and get the backing from such as the RBL (or if ex RAF then RAFA) who can build your case and represent you at any appeal Tribunals.

If your ALSO was first claimed before April 2009 then you can keep it as the benefit overlapping rules do not apply. However if you are placed into the ESA Work Related Group, after a year it will become 'income related' along with your War Pension would be classed as income sadly. Incidentally are you receiving a SIP/SAP from the Armed Forces Pension Scheme?

Don't worry about getting your head around it, you are not alone. If you do need any help or advice please feel free to ask, or get in touch with either the Veterans Welfare Service, The Legion, SSAFA etc who will help you all the way.

Regards

Pete

Thank you for your time Pete my head is now overloaded and i need to rest

(ps i contacted the WPA and they could not give me an answer to ESA)

One last question Pete what is SIP/SAP?
I will long on tomorrow to reply,
Thanks again for you time regards Nik

Hi Nik,

No Problems.

SIP/SAP are Service Invaliding Pension and Service Attributable Pension. Both basically are payments from the Armed Forces Pension Scheme 1975 if you were medically discharged from the forces.

If you are not currently claiming your Armed Forces Pension Scheme pension (and it is 'preserved' having served less than 16 as an officer or 22years in the ranks) and you become permanently incapacitiated, then your AFPS pension may also become payable.

Again such as the Royal British Legion, SSAFA, Veterans Welfare Service etc can assist in claiming this.

Pete

pete17971 wrote:

Hi Nik,

No Problems.

SIP/SAP are Service Invaliding Pension and Service Attributable Pension. Both basically are payments from the Armed Forces Pension Scheme 1975 if you were medically discharged from the forces.

If you are not currently claiming your Armed Forces Pension Scheme pension (and it is 'preserved' having served less than 16 as an officer or 22years in the ranks) and you become permanently incapacitiated, then your AFPS pension may also become payable.

Again such as the Royal British Legion, SSAFA, Veterans Welfare Service etc can assist in claiming this.

Pete

there is aplace in glasgow I think where can write and get a forcast if his pension is frozen and as you say, there is a good chance he could get them to start paying it if he is not going back to work, having the war pension will help but each case is looked on with regards to letters you send in from your docs

if he gets it he would also get 3 times pension lump sum

thats if its not already in pay

and in recent months the council tax rules have been looked at and like war pensions are missed out by many councils so are service pensions paid out as SIP